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Latest in News and publications

Displaying 1171 - 1180 of 1221

Case Note 1101 [1994] - Use of section 11 of the Social Security Act by Department of Social Welfare - Information privacy principles 1, 2 and 4

I was asked to investigate the power of the Department of Social Welfare to invoke section 11 of the Social Security Act to obtain information about job applicants from an employer. The complaint was received from an industry association on behalf of one of its members.

The complainant did not wish to make this information available as it would breach their confidentiality with job applicants. There was also concern that employees and prospective employees would view the complainant as...

Case Note 1635 [1994] - Neighbour's camera aimed directly into the complainant's living area

The complainant asked me to investigate the actions of his neighbour who had set up a video camera aimed directly into the complainant's living area. He felt it was a breach of his privacy to be under surveillance from an unfriendly neighbour.

This complaint raised three issues:

(i) whether the camera was in fact capable of collecting information;(ii) whether, if the video camera was capable, this manner of collecting information would be a breach of IPP 4 as intrudin...

Case Note 1484 [1994] - Complainant requested a copy of her personnel file

The complainant on leaving the employment of a large government department had requested a copy of her personnel file. She had received no response to the request so asked me to investigate a breach of information privacy principle 6 which gives the individual the right of access to their personal information.

I wrote to the department requiring an explanation as to why the request had not been answered. I also informed the department that s.92 of the Privacy Act empowered me to require...

Case Note 1666 [1994] - Complainant had twice written to ACC requesting access to information held about him

The complainant had twice written to ACC requesting access to information held about him. The second letter was sent by registered post. After several months without receiving the requested information he asked me to investigate a breach of rule 6 of the Health Information Privacy Code which gives the right of access to an individual's own health information. Decisions on access requests must be made as soon as reasonably practicable and not later than 20 working days after the request is rec...

Case Note 0909 [1994] - Credit reference agency recorded a judgment debt based on incorrect records

A complaint was made that a credit reference agency had recorded a judgment debt, which had in fact been paid in full some time previously, showing it as still outstanding. The complainant had been unable to obtain credit on a number of occasions and believed this was because of the agency's incorrect records.

The complainant wrote to the agency asking that the record of the debt be deleted from the agency's database as the debt had been paid. The agency, after checking with the credito...

Case Note 0845 [1994] - Complainant requested access to personal information about himself held by the Commerce Commission

The complainant had requested access to personal information about himself held by the Commerce Commission. The Commission was investigating a complaint that a number of companies in the same business in the Auckland area had been party to price fixing agreements. The Commission wished to interview the complainant in regard to this. The Commission in the course of its investigation had interviewed other people, obtained documents pursuant to search warrants and created internal memoranda and...

Case Note 0769 [1994] - Complainant sought access to his medical records

The complainant sought access to his medical records. The doctor maintained that the complainant had already been given access to his records. However, after discussions with this office, in an effort to resolve the complaint informally the doctor agreed to make a photocopy of the records available to the complainant which could be compared with the original file in the doctor's office. As the complainant believed that some of the information on his file had been withheld from him, he was hap...

Case Note 0757 [1994] - Certain information was withheld when a complainant had requested access to his file

The complainant had requested access to his file held by the New Zealand Children and Young Persons Service. The file was released. However, certain information was withheld. The complainant asked me to investigate the decision of the Department of Social Welfare to withhold this information.

The information withheld related to references to the identity of a person who had made certain allegations about the requester's treatment of his son.

I noted that principle 6 of the Act pro...

Case Note 0635 [1994] - Complainant alleged that New Zealand Security Intelligence Service had disclosed personal information about him which he believed was both inaccurate and misleading

The complainant alleged that the New Zealand Security Intelligence Service had disclosed personal information about him some time ago which he believed was both inaccurate and misleading. In September 1993 the complainant requested a copy of any file concerning himself held by the Service for possible correction pursuant to information privacy principles 7 of the Act. In response the Service issued a notice pursuant to section 32 neither confirming nor denying the existence or non-existence o...

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...