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Types

Topic(s): Access and correction | Collection

R v Company [2009] PrivCmrA 21

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Case Citation:

R v Company [2009] PrivCmrA 21

Subject Heading:

Collection of and access to personal information, and use of preliminary inquiries power

Law:

National Privacy Principles 1.1 and 6.1 in Schedule 3, and section 42 of the Privacy Act 1988 (Cth)

Facts:

The complainant suspected that they were under surveillance by a company that had mistaken the complainant for one of its employees. The complainant had a relative who did work for the company and who had been on leave for some time. The complainant became suspicious after they were followed and after the company had called their employer asking if the relative worked there.

The complainant wrote to the company requesting access to any recordings or photographs of them. After four weeks had passed without a response, the complainant wrote to the Privacy Commissioner requesting that the company destroy any recordings or photographs of the complainant or, alternatively, provide the complainant with access to their personal information.

Issues:

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

NPP 6.1 provides that individuals may access personal information that organisations hold about them unless certain exceptions apply.

Section 42 of the Privacy Act allows the Commissioner to make inquiries of a respondent to determine:

whether the Commissioner has power to investigate the matter to which the complaint relates; or
whether the Commissioner may decide not to investigate the matter.

Outcome:

The Commissioner decided to make inquiries of the respondent under section 42 of the Privacy Act to ascertain whether the respondent had adequately dealt with the matter.

In response to the Commissioner's written inquiry, the company advised that it had not received the complainant's letter, but was willing to destroy all personal information about the complainant held by it and its solicitor. The company and its solicitor subsequently destroyed recordings and other personal information about the complainant and confirmed this in writing.

Consequently, the complainant told the Commissioner that they were satisfied with the company's actions and asked the Commissioner to close the complaint.

The Commissioner decided not to investigate the matter further under section 41(2)(a) of the Privacy Act on the grounds that the respondent had adequately dealt with the complaint.