23/6/04

Acting Federal Privacy Commissioner Timothy Pilgrim today released nine new case notes.

"Issuing case notes like these is one of a number of measures the Office continues to develop to assist people in understanding how both the Privacy Act and the Office operate. These case notes provide important guidance about what the Commissioner may take into account when deciding if a situation should be investigated.

"The case notes released today are examples of the Commissioner's use of their discretion not to investigate a matter in the first instance, particularly where there is a more appropriate solution available," said Mr Pilgrim.

• In O v Credit Provider [2004] PrivCmrA 5 the Commissioner declined to investigate because the respondent had not had an adequate opportunity to deal with the complaint.
• In Q v Real Estate Agent [2004] PrivCmrA 6 the Commissioner declined to investigate because the complaint was already being adequately dealt with under another law.
• In R v Credit Provider [2004] PrivCmrA 7 the Commissioner declined to investigate because the complaint was made almost four years after the event and it was likely that key people would no longer be able to recollect the events that had occurred.
• In S v Various Commonwealth Agencies [2004] PrivCmrA 8, the Commissioner declined to investigate because another law provided a more appropriate remedy.
• In U v Major Banking Institution [2004] PrivCmrA 9, the Commissioner declined to investigate the case because the respondent had adequately dealt with the matter.
• In N v Internet Service Provider [2004] PrivCmrA 10, the Commissioner declined to investigate because the complainant did not complain to the respondent first.
• In Y v Real Estate Agent [2004] PrivCmrA 11, the Commissioner decided that the complaint had been adequately resolved by the respondent.
• In P v Various Entities [2004] PrivCmrA 12,the Commissioner declined to investigate because the complaint was lacking in substance.
• In T v Commonwealth Agency [2004] PrivCmrA 13 the Commissioner declined to investigate because there was no breach of the Privacy Act (1988).

Background

The Federal Privacy Commissioner publishes case notes of finalised complaints that he considers would be of interest to the general public because they illustrate new interpretations 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 involved in 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.

Case notes are available here.