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Privacy Awareness Week 2012 Notes from the coalface Presentation by Mike Flahive and Dawn Swan
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In March : The News Australian Cricket Association ACC data breach Ports of Auckland Law Commission / Code amendments CCTV in Pukekohe Police to pay damages Coronor’s comments
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The Reality Complaints > 968 last year, 915 currently Enquiries > 7006 last year, 6475 currently Eight team members hold files On average, each investigator will receive 125 files and close 120 each year
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Work in progress An average of 50 files Half access, 25% disclosure Even split public and private sector Age of files: 88% under 6 months Dominant focus settlement 30% settled
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Outcomes on closed files 2010/11 Closed 999 No interference with privacy 686 Complaint has substance 313 Settled / mediated 281 Referred to Director of Human Rights Proceeding 19
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Settlement record (2010/11) Access 534 access complaints 208 settled 185 involved release or partial release of information 21 involved payment of money averaging $650 for slow release or refusal 2 payments in excess of $2,000
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Settlement record (2010/11) Disclosure 267 closed 52 settled 19 involved payment of money averaging $8000 3 payments in excess of $10,000 1 payment more than $40,000 Average without large payment $5,000 continued
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Examples of settlement Health agency Gave information to person about patient Person not a relative or holding EPOA No checking by health agency Apology, assurances, training and $5,000
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Examples of settlement Agency repeatedly sent correspondent to complainant’s residential address contrary to arrangements to use PO Box Spouse found out about secret arrangement $1,000 new terms of contract continued
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Examples of settlement Agency employee browsing Information used outside agency to significantly embarrass complainant Loss of confidentiality Loss of employment Agency paid more than $40,000 continued
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Lochead-MacMillan vs AMI Insurance Ltd [2012] NZHRRT 5 Fire damaged property, home and contents insurance claim $10,000 damages “Multiple, sustained and systemic failures” to comply with Privacy Act
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Multiple information requests 4 February – request for audio files and transcripts 2 March – request for audio repeated 13 April – Feb and March requests repeated 6 May – request for fire report 19 May – first three requests repeated 8 July – request for AMI file
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Breaches by AMI Failure to comply with statutory time limit = deemed refusal Failure to advise of right to seek an investigation by Privacy Commissioner Refusal to release fire report – unjustifiably withheld twice
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Damages Awarded $10,000 for injury to feelings Repeatedly ignored requests Plaintiffs kept in dark Impression Privacy Act obligations not important Unequal relationship Plaintiffs made to feel insignificant, ineffectual and unimportant
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HRRT Comments Privacy principles are fundamental to good process Requests for information cannot be ignored or dismissed Good administration demands full compliance with Privacy Act
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[2011] NZHRRT 5 (25/2/11) Withholding grounds [2011] NZHRRT 6 (9/3/11) Non compliance with Part 5 procedural provisions of the Act Sharoodi v Director of Civil Aviation
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General Advice from Tribunal Full index of documents Pagination of documents Identification of released, withheld or redacted information
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Managing Access Requests Anticipate having to explain what you have done A discovery process of indexing all documents is very handy Create separate record of total information Create separate record of withheld/ redacted information
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Tribunal discussion Series of misunderstandings around request for personal information which became “personnel” information Request not answered until 21/2 months after reasonably expected to comply Therefore Deemed refusal and undue delay
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Damages Loss of benefit - $5,000 A reluctant and piecemeal release Revoked pilot’s licence before release Not able to use/check information before revocation Not given a “fair crack of the whip”
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Damages Humiliation, loss of dignity, injury to feelings - $5,000 Interpreted request in a limited way Revoked pilot’s licence knowing that information yet to be released Late decisions to mitigate only after involvement of Privacy Commissioner continued
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