2007 - Complaint Case Note 23

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Case Citation:

U v Newspaper Publisher [2007] PrivCmrA 23

Subject Heading:

Publication of personal information in a newspaper

Law:

National Privacy Principles 1.1, 2.1 and 3 in Schedule 3 of the Privacy Act 1988 (Cth)

Section 7B(4) of the Privacy Act

Facts:

The complainant was engaged in an activity that had raised local attention. The newspaper publisher printed an article about the matter in a newspaper. The article included the complainant's address. The complainant alleged that the article also contained information about them which was inaccurate.

Issues:

National Privacy Principle 1.1 states that an organisation must not collect personal information unless the information is necessary for its functions or activities.

National Privacy Principle 2.1 provides that an organisation must not use or disclose personal information about an individual for a purpose other than the primary purpose of the collection unless an exception in National Privacy Principle 2.1(a)-(h) applies.

National Privacy Principle 3 provides that an organisation must take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.

Under section 7B(4) of the Privacy Act, the National Privacy Principles do not apply to the acts and practices of media organisations if the act or practice is engaged in the course of journalism at a time when the organisation is publicly committed to observe certain standards. For this exemption to apply, the standards need to deal with privacy in the context of the activities of a media organisation and have been published in writing by the organisation or a body representing media organisations.

Outcome:

The Privacy Commissioner investigated the matter under section 40(1) of the Privacy Act.

Firstly, the Commissioner had to determine if this was an act or practice governed by the Privacy Act. The Commissioner noted that although the complainant's personal information was disclosed by an act done in the course of journalism there was no evidence to suggest that the newspaper publisher was publicly committed to observe standards that deal with privacy in the context of newspaper publication. The Commissioner considered the publication of the article did not fall within the scope of the journalism exemption in section 7B(4) of the Privacy Act. Therefore, the Privacy Act applied and the Commissioner considered the allegations in light of the National Privacy Principles.

The Commissioner found that the information in the article had been collected from local residents for the purpose of reporting the issues that raised local attention. The Commissioner was satisfied that the publication of the article was part of the newspaper publisher's primary functions. The Commissioner considered that the collection of information was consistent with National Privacy Principle 1.1.

The Commissioner was also satisfied that the disclosure of the information was for the primary purpose of writing and publishing the newspaper article. The Commissioner considered that the publication of the article was consistent with National Privacy Principle 2.1.

The Commissioner noted that the information disclosed in the article was the opinion of the local residents. The Commissioner found that there was no evidence to suggest the information was an inaccurate account of the residents' opinion or that the newspaper publisher had failed to comply with National Privacy Principle 3.

As there had been no breach of the Privacy Act in this case, the Commissioner closed the matter under section 41(1)(a) of the Privacy Act.

OFFICE OF THE PRIVACY COMMISSIONER
August 2007