Complaint Case Notes 2004

Case Citation
Subject Heading
Law
E v Motor Vehicle Retail Organisation [2004] PrivCmrA 19
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Use of personal information for the purpose of direct marketing. National Privacy Principle 2.1(c) and section 41(1)(a) of the Privacy Act 1988 (Cth).
H v Credit Provider [2004] PrivCmrA18
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Unauthorised payment default listed on consumer credit information file and credit reporting offences Sections 18E(1)(b)(i), 18E(8)(a), 18E(8)(b), 18G(a), 18S, 18T and 49 of the Privacy Act 1988 (Cth), paragraph 2.5 of the Credit Reporting Code of Conduct.
C v Service Provider [2004] PrivCmrA 17
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Payment default listed on consumer credit information file when the individual had not applied for credit Section 6, section 18E (1)(b)(vi), and 18E(8)(c) of the Privacy Act 1988 (Cth)
Z v Credit Provider [2004] PrivCmrA 16
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Unnecessary collection of personal information when exchanging a 'cash' cheque National Privacy Principles 8 and 1 in Schedule 3 of the Privacy Act 1988 (Cth)
B v Credit Provider [2004] PrivCmrA 15
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Payment default improperly listed on consumer credit file Section 18E(1)(b)(vi)(A) of the Privacy Act 1988.(Cth)
A v Private Sector Health Service Provider [2004] PrivCmrA 14
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Excessive charge imposed for access to personal information (medical records) National Privacy Principle 6 in Schedule 3 of the Privacy Act 1988 (Cth)
T v Commonwealth Agency [2004] PrivCmrA 13
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Disclosure of personal information / declined to investigate on the basis that there was no breach Information Privacy Principle 11, section 41(1)(a) Privacy Act 1988 (Cth)
P v Various Entities [2004] PrivCmrA 12
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Improper use of personal information / declined to investigate on the basis that the complaint was lacking in substance National Privacy Principle 2 - Use Privacy Act 1988 (Cth) and section 41(1)(d) Privacy Act 1988 (Cth)
Y v Real Estate Agent [2004] PrivCmrA 11
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Improper disclosure of rental arrears information to a third party. National Privacy Principle 2 in Schedule 3 of the Privacy Act 1988 (Cth)
N v Internet Service Provider [2004] PrivCmrA 10
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Disclosure of personal information as a result of failure to provide adequate security over personal information / declined to investigate on the basis that complainant did not complain to the respondent before making the complaint to the Commissioner. National Privacy Principle 2; National Privacy Principle 4; section 40(1A) of the Privacy Act 1988 (Cth)
U v Major Banking Institution [2004] PrivCmrA 9
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Disclosure of personal information and credit worthiness information / declined to investigate on the basis that the respondent had adequately dealt with the matter. National Privacy Principle 2.1; section 18N(1) and section 41(2)(a) of the Privacy Act 1988 (Cth)
S v Various Commonwealth Agencies [2004] PrivCmrA 8
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Access to and correction of personal information held by a Commonwealth government agency / declined to investigate on the basis that another law provided a more appropriate remedy Information Privacy Principle 6 and 7 and section 41(1)(f) Privacy Act 1988 (Cth)
R v Credit Provider [2004] PrivCmrA 7
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Disputed consumer credit default listing / declined to investigate on the basis that the complaint was made more than twelve months after the complainant became aware of the act or practice. Section 18E(1)(b)(vi)(A), section 18E(1)(b)(vi)(B) and section 18E(8)(c)) of the Privacy Act 1988; paragraph 2.7 of the Credit Reporting Code of Conduct; section 41(1)(c) of the Privacy Act 1988 (Cth)
Q v Real Estate Agent [2004] PrivCmrA 6
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Improper collection of personal information from a third party / declined to investigate on the basis that the complaint was the subject of an application under another law and the subject-matter of the complaint was being dealt with adequately under that law. National Privacy Principle 1.4; National Privacy Principle 1.5; section 41(1)(e) of the Privacy Act 1988 (Cth)
O v Credit Provider [2004] PrivCmrA 5
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Compensation sought as a result of disputed consumer credit default listing / declined to investigate on the basis that the respondent had not had an adequate opportunity to deal with the complaint. Section 18E(1)(b)(vi)(A), section 18E(1)(b)(vi)(B) and section 18E(8)(c)) of the Privacy Act 1988 (Cth); paragraph 2.7 of the Credit Reporting Code of Conduct; section 41(2)(b) of the Privacy Act 1988 (Cth)
X v Commonwealth Agency [2004] PrivCmrA 4
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Disclosure of personal information: financial compensation not agreed. Information Privacy Principle 11 in the Privacy Act 1988 (Cth)
H v Financial Institution A and B [2004] PrivCmrA 3
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Disclosure of personal information collected prior to commencement of the National Privacy Principles. National Privacy Principle 2 and Section 16C Privacy Act 1988 (Cth)
O v Large Retail Organisation [2004] PrivCmrA 2
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Disclosure of customer email addresses National Privacy Principle 2 and section 40(2) of the Privacy Act 1988 (Cth)
N v Private Insurer [2004] PrivCmrA 1
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Unnecessary collection of personal information during claims process and broad privacy collection form National Privacy Principles 1.1 and 1.3

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