Office of the Privacy Commissioner | 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 noticeboard for a few weeks and the man felt that the damage had already been done. He asked us to investigate the matter.
Principle 11
Principle 11 states that an agency should not disclose personal information unless it can rely on an exception which permits it to do so.
The bar initially felt that, as the photographs had been posted by a patron - a member of the public - it was not responsible for the humiliation the man suffered.
We explained to the bar that, where an agency provides the public with a means to disseminate personal information, that agency must retain some control over the information disseminated.
This is a familiar concept with online publication. Blogs or forums which permit users to post information online, including personal information, should have a moderator who will audit the content posted and ensure that users are being fair and respecting the privacy of others.
The same principles apply to an agency - such as a bar, club, office or shop - which permits members of the public to post information on a noticeboard.
Outcome
The bar accepted our view and also agreed to place a notice on the noticeboard requiring patrons to be mindful of the privacy of others before posting information or photographs on it.
The bar also provided the man with a personal apology.
We considered that the changes in practice and management of the noticeboard, and the apology to the man, were sufficient steps to resolve this complaint.
December 2012
Disclosure of personal information - display of images on public noticeboard - liability of agency - Privacy Act 1993; principle 11