Office of the Privacy Commissioner | Case Note 207201 [2010] NZ Priv Cmr 18: Family Court most appropriate forum to deal with allegation of inappropriate disclosure
A lawyer for the child was appointed for the purposes of a Family Court matter concerning a man and his former partner. By coincidence the lawyer was also appointed lawyer for the child in separate Family Court proceedings involving the man's girlfriend.
The man considered that the lawyer had disclosed his personal information to his girlfriend's former partner and his lawyer during the other Family Court proceedings.
The man had complained about these actions to the Judges presiding over his Family Court case on two occasions.
Principle 11
Principle 11 of the Privacy Act requires that an agency that holds personal information shall not disclose the information to a person or body or agency unless the agency believes on reasonable grounds that one of the exceptions contained within principle 11 applies.
Although the complaint raised issues of disclosure of personal information, it also clearly concerned matters before the Family Court. Consequently, we considered whether it was appropriate to continue an investigation into the matters raised.
The Privacy Commissioner has discretion under section 71(2) of the Privacy Act to discontinue an investigation if in the course of the investigation it appears to the Commissioner that any further action is inappropriate or unnecessary.
We concluded that the actions of the lawyer for the child were appropriately dealt with by the presiding Judges. The man had raised the actions on two separate occasions. The Administrative Family Court Judge advised us that on both occasions he and the other Judge who heard these matters indicated that the lawyer for the child was acting within their ethical duty.
Matters involving proceedings of the Family Court and the actions of the lawyers before the Court are best dealt with by the Court itself. It was clear that the man had appropriate recourse via the Family Court or the Regional Administrative Family Court Judge if he had concerns over the conduct of a lawyer for the child. It was not appropriate for us to review the actions or decisions of the judges in this matter.
We told the man that it was not appropriate for us to continue an investigation and we closed the file.
September 2010
Disclosure of personal information - Family Court proceedings - discretion not to investigate - adequate recourse in Family Court - alternative remedy - Privacy Act 1993; section 71(2), principle 11