1 Feb 2010, 09:00

A woman complained that her landlord had disclosed health information about her to her flatmates.

The woman was one of three flatmates who had entered into a fixed term tenancy with the landlord. The woman became mentally unwell, and wanted to terminate her tenancy. Her psychologist wrote a letter to the landlord, supporting the woman's request that she be released from the tenancy on the basis that her mental health would decline further if she remained in the flat.

The landlord met with the other two flatmates to discuss releasing the woman from the tenancy. During this discussion the psychologist's letter was shown to the two flatmates.

We investigated the complaint as one raising issues under principle 11 of the Privacy Act.

Principle 11

Principle 11 of the Privacy Act provides that an agency that holds personal information must not disclose that information unless one of the specified exceptions applies.

As we were satisfied that a disclosure had occurred we considered whether the exception under principle 11(a) applied. This allows disclosure of information for the purpose for which it was obtained, or if directly related to that purpose.

In this case the landlord told us that because the tenancy was a fixed tenancy with three tenants the woman was unable to be released from the tenancy without the agreement of both the landlord and the other two flatmates. The landlord said it showed the psychologist's letter to the other two flatmates because the information about the woman that was in the letter was relevant to their decision about releasing her from the tenancy.

We considered that the letter had been sent to the landlord by the psychologist on an unsolicited basis in order to support the woman's request to be released from the tenancy. Accordingly, the purpose for which the landlord obtained the information in the letter was to help it to make a decision about the tenancy. This was not a decision that the landlord could make alone, as it needed the agreement of the other two flatmates.

We were therefore satisfied that the landlord had disclosed the information to the two flatmates for the purpose it had obtained the information, that is, to assist it in making a decision about releasing the woman from the tenancy. As a result, we accepted that principle 11(a) applied, and that the landlord had not interfered with the woman's privacy.

December 2010

Disclosure of personal information - tenancy - landlord - flatmates - disclosure was for purpose information obtained for - Privacy Act; principle 11(a)