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Latest in News and publications

Displaying 1131 - 1140 of 1172

Case Note 0613 [1994] - Bank reported debt to a credit reference agency

The complainant was involved in correspondence with a bank about arrangements for repayment of a debt. The bank reported this debt to a credit reference agency who listed the complainant as a defaulter. The complainant requested that the agency remove all details relating to this matter from their records on the grounds that he had an agreement for repayment of the debt which had been in force when the default had been listed. The agency refused to delete the information about the debt from i...

Case Note 0599 [1994] - Agency fails to remove complainant from mailing list

The complainant had purchased a video cassette through an advertisement placed by an agency. He complained that following this he had been sent a considerable amount of literature from the agency. The complainant had written to them asking them to remove his name from their mailing list. The complainant continued to receive literature.

Following discussions with my office the company offered to send a letter to the complainant explaining their position and offering their apologies. They...

Case note 0575 [1994] - Department of Social Welfare failed to provide the complainant with the personal information he had requested

The complainant asked me to investigate the Department of Social Welfare's failure to provide the complainant with the personal information he had requested. The Department had advised the complainant that they were unable to locate the information he was seeking. The Department relied on section 29(2)(b) of the Privacy Act which allows an agency to refuse a request for personal information under information privacy principles 6 if the information requested does not exist or cannot be found.<...

Case Note 0567 [1994] - Complainant convicted of sexually violating his step-daughter requested Department of Social Welfare give him access to documentation about his step-daughter

The complainant asked me to investigate the refusal of the Department of Social Welfare to give access to documentation of any notes made by any social worker or counsellor in respect of his step-daughter. During the course of the investigation I learned that he had been convicted of sexually violating his step-daughter

The Department's response to the request was that it considered the information to be confidential to the step-daughter and therefore the Department considered it was ne...

Case Note 0549 [1994] - Ministry of Agriculture and Fisheries would not release identity of the person who had made allegations about the way the complainant had treated his calves

The complainant asked me to investigate the decision of the Ministry of Agriculture and Fisheries not to release to him the name of the person who had made allegations about the way he had treated his calves. Someone had told MAF that the complainant was weaning his calves too early and that some of them had worms.

I noted that the identity of the person who provides information about another person is considered to be personal information about that other person and therefore subject t...

Case Note 0451 [1994] - Credit reference agency had incorrectly noted a default to a bank

The complainant alleged that a credit reference agency had incorrectly noted a default to a bank on his credit reference. The complainant said that this debt had been assigned to a company and had never been in default during the time that he owed it. The complainant requested that a notation be attached to his files stating that he disputed that the debt was in default. The agency had refused to delete the information from the complainant's file.

Information privacy principles 7 of the...

Case Note 0437 [1994] - Corporation withholds document that was being used to discuss the complainant's entitlement to certain benefits

The complainant asked me to investigate a decision of the Accident Rehabilitation and Compensation Insurance Corporation (the Corporation) to withhold information that it planned to put to the complainant at a forthcoming meeting that had been arranged to discuss the complainant's entitlement to certain benefits.

In refusing to give access to the information the Corporation relied on Section 27(1)(c) of the Privacy Act, which provides that a good reason to refuse access to information i...

Case Note 0305 [1994] - Complainant requested access from her insurance company to a file relating to a claim she had made in respect of a stolen vehicle

The complainant had requested access from her insurance company to a file relating to a claim she had made in respect of a stolen vehicle. The company refused access on the basis that documents on the file were protected by legal professional privilege and that section 29(1)(b) of the Privacy Act provided good reason to withhold the information.

Legal Professional Privilege

Section 29(1)(f) of the Act provides that an agency may refuse a request if -

"the disclosure of...

Case Note 0191 [1994] - Complainant requested access to a letter written by his doctor to a specialist

The complainant requested access to a letter written by his doctor to a specialist. The doctor maintained that letters written to specialists are "private" and in any case he had not retained a copy of the letter.

I noted that a specification that a document is "private" did not necessarily amount to a reason for withholding the information under the Privacy Act. However, in this case the complainant had obtained a copy of the letter he was seeking from another source. In this circumsta...

Case Note 0189 [1994] - Political party had an agreement with a telephone company and obtained confidential telephone numbers

The complainant received a telephone call from a political party. She inquired as to how they had obtained her "confidential" telephone number and was told that party had an agreement with a telephone company whereby they obtained a directory of numbers.

The complainant asked me to investigate this disclosure by the telephone company. However, as this had occurred prior to the 1 July 1993 I had no jurisdiction to investigate this complaint.

I did make an informal approach to the t...