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Types

Topic(s): Credit and finance | Data accuracy

Own Motion Investigation v Financial Institution [2009] PrivCmrA 12

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Case Citation:

Own Motion Investigation v Financial Institution [2009] PrivCmrA 12

Subject Heading:

Accuracy of personal information

Law:

National Privacy Principle 3 in Schedule 3 of the Privacy Act 1988 (Cth)

Facts:

An individual advised the Privacy Commissioner that a financial institution had been sending bank account statements to the previous occupant of the individual's residential address for several years, despite these statements consistently being returned, marked ‘Return to sender. Address unknown’.

Issues:

NPP 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.

Outcome:

The Commissioner commenced an own motion investigation under section 40(2) of the Privacy Act.

The financial institution advised the Commissioner that it had earlier identified that it was receiving a significant amount of returned mail, and it had created a process to specifically deal with mail marked ‘return to sender’. A manual setting out the process was made available for all staff on the company's internal computer network, and all mailing staff were made aware of the manual.

The financial institution explained that when it receives mail marked ‘return to sender’, it checks for issues such as duplication, and then works through its customers' mailing records to ensure they are up-to-date. This involves attempting to contact the customer using all available contact information.

If the financial institution is not able to establish contact with the customer, it changes the customer's mailing address to the financial institution's own mailing address, and places a ‘stop’ on the customer's account.

Although the Commissioner was not considering the individual's issues specifically, the financial institution advised the Commissioner that it had since placed a ‘stop’ on the relevant customer's account in accordance with its process.

The Commissioner was satisfied that the financial institution had processes in place to meet its obligations under NPP 3 at the commencement of the investigation, and ceased the own motion investigation into the matter.

OFFICE OF THE PRIVACY COMMISSIONER

November 2009