Privacy awareness week 2012 notes from the coalface presentation by mike flahive and dawn swan
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Privacy Awareness Week 2012 Notes from the coalface Presentation by Mike Flahive and Dawn Swan PowerPoint PPT Presentation


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Privacy Awareness Week 2012 Notes from the coalface Presentation by Mike Flahive and Dawn Swan. 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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Privacy Awareness Week 2012 Notes from the coalface Presentation by Mike Flahive and Dawn Swan

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Privacy Awareness Week 2012

Notes from the coalface

Presentation by

Mike Flahive and Dawn Swan


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


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


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


Outcomes on closed files 2010/11

Closed999

No interference withprivacy686

Complaint hassubstance313

Settled /mediated281

Referred to Director of Human

RightsProceeding19


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


Settlement record (2010/11)

continued

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


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


Examples of settlement

continued

  • 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


Examples of settlement

continued

Agency employee browsing

  • Information used outside agency to

    significantly embarrass complainant

  • Loss of confidentiality

  • Loss of employment

  • Agency paid more than $40,000


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


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


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


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


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


Sharoodi v Director of Civil Aviation

[2011] NZHRRT 5 (25/2/11)

  • Withholding grounds

    [2011] NZHRRT 6 (9/3/11)

  • Non compliance with Part 5

    procedural provisions of the Act


General Advice from Tribunal

  • Full index of documents

  • Pagination of documents

  • Identification of released, withheld

    or redacted information


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


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


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”


Damages

continued

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


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