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Case Citation:

P v Insurer [2010] PrivCmrA 19

Subject Heading:

Accuracy and correction of personal information

Law:

National Privacy Principle 3 and 6.5 in Schedule 3 of the Privacy Act 1988 (Cth).

The following case was decided by the Privacy Commissioner prior to 1 November 2010. On 1 November 2010 all the powers of the Privacy Commissioner under the Privacy Act were conferred on the Australian Information Commissioner.

Facts:

The complainant discovered that her individual insurance file contained nine insurance claims relating to a policy she was not aware of. The policy had been taken out by the complainant's former partner. The claims spanned a period of ten years.

The complainant contacted the insurer and asked that it remove her name from the insurance policy and remove the listings from her insurance file. The complainant was unsuccessful and consequently complained to the Commissioner.

Issues:

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.

NPP 6.5 provides that if an organisation holds personal information about an individual and that individual is able to establish that the information is not accurate, complete and up-to-date, the organisation must take reasonable steps to correct the information so that it is accurate, complete and up-to-date.

‘Information Sheet 4 - Access and Correction' (available at www.privacy.gov.au/materials/types/infosheets/view/6563) says: ‘Where an organisation has checked the individual's file and can find no obvious inconsistency or error, it might then be appropriate for the organisation to ask for further material to support the individual's claim that there is an inaccuracy.'

Outcome:

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

In response to the investigation, the insurer advised that it had considered that the complainant was insured on the relevant policy. In such cases, the insurer's normal practice was to list the claims on both insured's individual insurance files. However, as a result of the investigation it contacted the principal insured who confirmed that the complainant had separated from them over ten years ago but they had not removed the complainant from the insurance policy.

Consequently, the Insurer removed the complainant from the policy and removed the claims from their individual insurance file to comply with its obligations under NPP 6.5. The complainant was satisfied with this action and asked that the Commissioner close the matter.

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

Office of the Australian Information Commissioner
December 2010