2004 - Complaint Case Note 13

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Case Citation: T v Commonwealth Agency [2004] PrivCmrA 13

Subject Heading: Disclosure of personal information / declined to investigate on the basis that there was no breach

Law: Information Privacy Principle 11, section 41(1)(a) Privacy Act 1988 (Cth)

Facts: The complainant's husband was undergoing a reassessment of an obligation to pay a third party entitlement. This process involved the respondent collecting the complainant's and her husband's personal information. The respondent then disclosed the complainant's and her husband's personal information to a third party involved in the procedure.

The complainant raised concerns regarding the disclosure of her personal information by the respondent to the third party without her knowledge or consent.

Issues: Information Privacy Principle 11 prohibits an agency from disclosing personal information, unless one of the five listed exceptions is met. Exception (d) in Information Privacy Principle 11 allows the disclosure of personal information if "the disclosure is required or authorised by or under law".

Section 41(1)(a) of the Act provides that the Commissioner may decide not to investigate, or not to investigate further an act or practice which is the subject of a complaint if the Commissioner is satisfied that the act or practice is not an interference with the privacy of an individual.

The respondent operates under a law which allows the disclosure of personal information in the circumstances outlined by the complainant. The law permits the disclosure so that the affected third party can make comment on the personal information supplied, which the agency uses to make decisions concerning financial obligations.

Outcome: Section 41(1)(a) of the Privacy Act gives the Commissioner a discretion to decline to investigate a complaint, where the act or practice is not an interference with the privacy of the individual. The Commissioner declined to investigate the complaint on the basis that there was no interference with privacy since the disclosure complained about was authorised by another law. Accordingly, the complaint was closed under section 41(1)(a) of the Privacy Act.

OFFICE OF THE PRIVACY COMMISSIONER
June 2004