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Latest in Case notes and court decisions

Displaying 21 - 40 of 320

Case note 264435 [2015] NZ PrivCmr 8: Immigration New Zealand (INZ) refuses to correct birth date

In 2011, the complainant moved to New Zealand from Ethiopia. He had been orphaned at a very young age and came to New Zealand as a refugee sponsored by his aunt.

Birth registration was not compulsory in Ethiopia when he was born, so there were no records of his date of birth. His aunt consulted with locals and estimated that he was born in early 2000. She used this date to apply for an Ethiopian passport and birth certificate on his behalf. She then used these documents to support his...

Case Note 244873 [2013] NZ PrivCmr 5 : Man objects to CCTV camera in the men's public toilets of a pub

A man was concerned that he had been filmed in the men’s toilets of a pub by a fixed CCTV camera. He was initially unaware of the camera’s presence, but had later seen copies of the pictures taken while he was using the bathroom.

The man complained to us that use of a camera in toilet areas was an interference with his privacy. The complaint raised issues under principle 4 of the Privacy Act.

Principle 4 relates to the means by which personal information is collected. It req...

Case Note 248601 [2013] NZ PrivCmr 4 : Medical practice mitigates future harm after data breach

A doctor working in a suburban medical practice had his car broken into and bag stolen. The bag contained a USB stick holding the personal information of a number of patients, including the complainant. The data detailed the complainant’s first and last names.  Also included were details of their prescribed drugs and medical diagnosis.

One of the doctor’s patients complained to us.

The medical practice acted quickly and fulfilled all four key steps an agency should follow i...

Case Note 243548 [2013] NZ PrivCmr 3 : Recruitment agency fails to remove all personal information from an old online profile

A man was previously a client of a recruitment agency.  One of the agency’s services was to provide an online profile for the man. 

The profile contained extensive information about him, including his name, photo, physical description, qualifications and personal interests.

After a period of time, the man advised the agency he no longer wanted to use its services, and asked to have his profile removed.

The agency removed his name and photo from the online profile, and...

Case Note 226245 [2013] NZ PrivCmr 2 : Over-collection of medical notes by insurance company

A man applied for trauma insurance with an insurance company.  As part of his application he provided extensive medical information and authorised the company to collect health information relating to the application and any previous insurance claims.

After receiving the application, the company contacted the man’s doctor and obtained his full medical history for the preceding five years.

The man raised concerns with us that the company had collected more information than was...

Case Note 235239 [2013] NZ PrivCmr 1 : Dealing with child's health information when parents are separated

We received a complaint from a mother who had requested her child’s health information from a medical clinic.  The clinic had declined to provide the information because the child’s father did not want the information to be released.

This complaint raised issues under the Health Information Privacy Code (“the Code”) and the Health Act 1956 (“the Health Act”).

The Code and Health Act

Under section 22F of the Health Act, parents and guardians a...

Case Note 228045 [2012] NZ PrivCmr 8 : Woman requests geotechnical property report from a council's insurance company

A woman alleged that work undertaken by her local council had been the cause of damage to her property. She notified the council that she was considering taking legal action about this.

The council advised its insurance company of the potential legal action. The insurance company arranged for a geotechnical report to be carried out, in order to try and establish the cause of the damage to the property.

The woman later asked for a copy of the geotechnical report ("the report") fr...

Case Note 234888 [2012] NZ PrivCmr 9 : Council accidentally discloses personal information in response to a request for official information

A man made complaints about his neighbour to his local council. His complaints were made on the basis that his name would remain confidential.

The neighbour asked the council to provide him with all of the information it held about the complaints. This request was made under section 10 of The Local Government Official Information and Meetings Act 1987 ('LGOIMA').

Section 10(1) of LGOIMA says:

Any person may request any local authority to make avai...

Case Note 232027 [2012] NZ PrivCmr 10 : Bar responsible for patrons' use of noticeboard

A man was involved in an altercation in a bar which resulted in his removal by Police. A number of days later, he returned to the bar to find that a patron had placed photographs of him, taken during the altercation, on the public noticeboard.

The man was humiliated by the photographs. He was a regular patron of the bar, which was in a small town. The man complained to the Police who told the bar to remove the photographs, which it did.

However, the photographs had been on the...

Case Note 236708 [2012] NZ PrivCmr 11 : Man refused access to information on his medical file about his deceased mother

A man requested a copy of his medical file from a former healthcare provider.

The healthcare provider gave the man most of the information from his file, but withheld some information from him.

Rule 6

Rule 6 gives individuals the right to request access to the health information an agency holds about them.

An agency cannot refuse a rule 6 request unless it has a proper basis to do so under sections 27-29 of the Privacy Act ("the Act").

The h...

Case Note 235405 [2012] NZ PrivCmr 12 : Phone provider refused to give woman information about calls made to her cell phone

A woman had received several calls from an unidentified person, which had alarmed her.

She contacted her phone provider and asked for details about calls made to her cell phone on several specific days. She asked for the dates and times she received calls, and the phone number/s of the person making the calls.

The phone provider refused to provide her with this information because it did not believe she was entitled to information about calls that had been made to her ("incoming...

Case Note 232613 [2012] NZ PrivCmr 7 : Man seeks access to loan documents completed by former wife

A man made a request to his bank for copies of loan documents that had been completed by his former wife. These loans had been taken out using a house owned jointly by the man and his former wife as security, but without the man's knowledge or agreement.

The bank had refused to provide these documents on the basis that they were not 'personal information' about the man.

The complaint raised an issue under principle 6 of the Privacy Act, which entitles individuals to access to pers...

Case Note 228129 [2012] NZ PrivCmr 6 : Sensitive health information disclosed

An ACC claimant had two claims - a sensitive claim and a current physical injury claim. As part of the rehabilitation for his physical injury, he was referred to a physiotherapy clinic and to a careers assistance agency. Information about his claims was sent to these two agencies by ACC as part of the referral.

The man became aware that a large amount of information had been provided to the two agencies by ACC. It included some sensitive claim information, detailing sexual abuse, which...