27/05/04

The Acting Federal Privacy Commissioner, Timothy Pilgrim has today re-published case note 4 regarding disclosure of personal information within a Commonwealth Government agency.

InX v Commonwealth Agency [2004] PrivCmrA 4, the complainant alleged that the agency's employee disclosed to the complainant's ex-partner that the complainant was to receive money from a court settlement.

The complainant alleged that the day before the disclosure to the ex-partner, that they had advised the agency that they were expecting to receive money from a court settlement. The next day the complainant's ex-partner obtained a court order restraining the complainant from accessing that money.

The agency agreed to enter into conciliation discussions with the complainant on a 'without prejudice basis' under the auspices of this Office. However, the complainant wanted substantial compensation for the alleged breach of IPP 11. The Office found that the evidence did not support a claim for substantial financial compensation because:

• income was not lost as a direct result of the alleged breach by the agency; and
• the amounts being sought were not commensurate with the loss or damage incurred, particularly in relation to hurt feelings.

The Commonwealth agency made a financial offer of compensation to the complainant but the complainant rejected it as they wanted to take the matter to court. The Office closed the investigation as adequately dealt with as it believed the offer was reasonable in the circumstances.

The Federal Privacy Commissioner publishes case notes of finalised complaints that he considers would be of interest to the general public. Not all complaints are recorded in case notes so the published notes only illustrate the types of cases resolved by the Office rather than giving a comprehensive account of them.

Most cases chosen for inclusion in case notes involve new interpretation of the Act or associated legislation, illustrate systemic issues, or illustrate the application of the law to a particular industry. The notes do not identify the parties to the complaint. Identities are kept confidential to maintain the privacy of the parties involved.

The Privacy Act makes it a function of the Commissioner to endeavour to resolve complaints by conciliation (s.27(1)(a)). As a result, the outcome in any particular case reflects a number of factors, including the applicable law, the facts of the matter and the approach to the conciliation process taken by both complainant and respondent.

Please visit the Complaint Case Notes and Complaint Determinations page for more details.