2007 - Complaint Case Note 4

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Case Citation: 

Own Motion Investigation v Australian Government Agency [2007] PrivCmrA 4

Subject Heading:

Unnecessary collection of personal information concerning previous work-related injuries by an Australian government agency during a recruitment process. 

Law:

Information Privacy Principles 1 and 3 in section 14, and section 40(2), of the Privacy Act 1988 (Cth).

Facts:

The Privacy Commissioner became aware that during a recruitment process an Australian government agency collected personal information from applicants that did not appear necessary for the agency's functions or activities.

Job applicants were encouraged to apply using a series of online forms and one question asked applicants to advise whether they had ever suffered from a work-related injury or illness.

While this Office did not receive any individual complaints the Commissioner decided to conduct an investigation, under section 40(2) of the Act to determine whether the practice may have constituted an interference with the privacy of individuals applying for the position.

Issues:

Australian Government agencies must comply with the Information Privacy Principles.  

Information Privacy Principle 1 provides that an agency shall not collect personal information unless that information is collected for a lawful purpose directly related to the agency's function or activity.  

Information Privacy Principle 3 provides that where the agency collects personal information for inclusion in a record and it solicits that information it must take reasonable steps to ensure that, having regard to the purpose of collection, the information is relevant, up to date and complete and does not intrude unreasonably on the individual's personal affairs.  

Outcome:

During the investigation, the Commissioner sought to clarify the purpose for which the agency collected the information, whether the information was necessary for the assessment process and employment with the agency, whether there was any legal requirement to collect the information, and requested the agency's further comments.

The agency agreed the collection of information about prior work-related injury or illness was not required by any law nor was it relevant to the process of recruitment and selection.  The agency noted that, after reviewing all applications, it could not find evidence of any applicant being disadvantaged as a result of providing the information.

The agency reassessed its practices relating to the collection of personal information in a recruitment exercise and took action to ensure that information about prior work-related injury or illness would not be collected in future selection processes.

The Commissioner formed the opinion that the steps taken by the agency had adequately dealt with the matter.  Those steps included:

• checking to ensure that no applicant had been disadvantaged;
• ensuring that information about prior work related injury or illness will not be collected in future recruitment exercises;
• updating its Recruitment Selection Guidelines for all staff; and
• advising its recruitment agency of the requirements of its selection procedures.

The Commissioner also noted that if any individual believed that they may have been affected by the agency's collection of the specific personal information during the recruitment and selection process, this Office would consider the complaint separately on its merits.

OFFICE OF THE PRIVACY COMMISSIONER

April 2007