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Case Citation: 

P v Commonwealth Agency [2009] PrivCmrA 19

Subject Heading:  

Disclosure of personal information

Law:

Information Privacy Principle 11 in Part III Division 2 of the Privacy Act 1988 (Cth)

Facts:

The complainant left the marital home due to domestic violence.  They moved to a residence, which was subject to break-ins and a violent attack.  Because of safety fears, the complainant moved again.  To diminish the risk of harm, the complainant changed their name by deed poll and concealed the new address from the ex-partner. 

At the time the complainant was a client of a Commonwealth agency.  The complainant advised the agency of the new address and change of name, requesting the information remain confidential.

The complainant subsequently received a mobile telephone call from their ex-partner addressing the complainant by the new name.  The complainant's ex‑partner said they knew the complainant's new name and new address because the information was contained in a letter received from the agency.

The complainant contacted the agency which confirmed that it had sent the complainant's new details to the marital home.  The agency apologised and offered to pay an amount in compensation, which the complainant rejected.

The complainant subsequently lodged a written complaint against the agency with the Privacy Commissioner.

Issues:

IPP 11 prohibits agencies from disclosing personal information to anyone other than the individual concerned, unless an exception applies.

Under section 27(1)(a) of the Privacy Act the Commissioner can conciliate a matter to bring about its resolution. 

Outcome:

The Commissioner opened an investigation into the matter under section 40(1) of the Privacy Act

The agency took the view that it should not have disclosed the complainant's personal information.  Consequently, the Commissioner attempted to conciliate the matter under section 27(1)(a) of the Privacy Act. 

The complainant sought compensation for health treatment and other costs incurred after the disclosure and for injury to feelings.  The agency agreed to pay some compensation but not that requested by the complainant. 

The complainant provided further evidence to support their claim for compensation.  After the agency apologised for the disclosure and offered an increased monetary sum, the complainant agreed to settle the matter.

Satisfied that the agency had adequately dealt with the matter, the Commissioner closed the complaint under section 41(2)(a) of the Privacy Act.

OFFICE OF THE PRIVACY COMMISSIONER
December 2009