2004 - Complaint Case Note 4 (Amended May 2004)

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Case Citation: X v Commonwealth Agency [2004] PrivCmrA 4

Subject Heading: Disclosure of personal information: financial compensation not agreed

Law: Information Privacy Principle 11 in the Privacy Act 1988 (Cth) (the Act)

Facts: The complainant was assisted at the counter by an employee of a Commonwealth Government Agency (the agency) who was also formerly related to the complainant. In the course of the transaction the complainant advised the agency that the complainant was 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 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.

Issues: Information Privacy Principle (IPP) 11 prohibits agencies from disclosing personal information to third parties unless certain circumstances exist, such as that the individual has consented to the disclosure or the disclosure is required or authorised by or under law. Following its investigation, the Office came to the view that, on the balance of probabilities, the agency's employee did disclose to the complainant's ex-partner that the complainant was to receive money from a court settlement and, as no relevant exception applied, that the agency had breached IPP 11.

Outcome: The agency did not accept that it disclosed the complainant's personal information, however it did agree to the Office conciliating a settlement since the complainant claimed to have suffered loss and damage.

Section 27(1)(a) of the Act provides for the Privacy Commissioner, where he or she considers it appropriate, 'to endeavour, by conciliation, to effect a settlement of the matters that gave rise to the investigation'. If the matter can be settled by conciliation and the Commissioner is satisfied that the matter has been adequately dealt with he or she may decline to investigate the matter further under section 41(2)(a). The Office aims to assist the parties achieve a fair and reasonable outcome by conveying requests and offers between the parties. The Office also provides advice, including about the nature of settlements that have been reached in similar cases.

The Office negotiated at length with the parties but the complaint did not resolve by way of conciliation. The complainant wished to be in a position to pursue action against the agency in the courts. The Office ceased its investigation of the complaint under section 41(2)(a) of the Act.

OFFICE OF THE PRIVACY COMMISSIONER
MAY 2004