2007 - Complaint Case Note 19

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Case Citation: 

Q v Australian Government Agency [2007] PrivCmrA 19

Subject Heading:

Failure to keep personal information accurate and secure

Law:

Information Privacy Principles 4 and 8 in Part III Division 2 of the Privacy Act 1988 (Cth)

Facts:

The complainant had dealings with a government agency for a number of years, which had involved the complainant receiving mail through a Post Office Box (PO Box).  The complainant then received two letters delivered to their home address rather than the PO Box.

The complainant raised this matter with the agency, but was informed that no explanation could be given as the agency had no file record of the complainant's address being changed from the PO Box to the residential address.

The complainant wrote to the Privacy Commissioner unsatisfied with the response from the agency.

Issues:

Information Privacy Principle 4(a) obliges an Agency to protect the personal information it holds with such safeguards as are reasonable in the circumstances.

Information Privacy Principle 8 provides that a record-keeper who has possession or control of a record that contains personal information shall not use that information without taking such steps (if any) as are, in the circumstances, reasonable to ensure that ... the information is accurate, up to date and complete.

Outcome:

The Privacy Commissioner investigated the matter under section 40(1) of the Privacy Act 1988 (Cth).

The government agency informed the Commissioner that it had an arrangement with two other government agencies to share data regarding mutual clients.  As a result of a clerical error while handling some of this shared information, the complainant's residential address was added to their electronic database record in place of the PO Box address.

Using the powers of conciliation granted under section 27(1)(a) of the Privacy Act, the Commissioner presented the government agency with a solution proposed by the complainant.  The government agency continued negotiations for a conciliatory settlement with the complainant.

The complainant was satisfied with the assistance the Commissioner had provided and decided to continue to deal with the matter with the government agency directly.

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

OFFICE OF THE PRIVACY COMMISSIONER

June 2007