11 Feb 2015, 10:00

A woman made complaints about the work practices of her employer to the government agency.

When she made the complaint she asked the agency to make sure her name would remain confidential.

The agency sent an inspector to visit the woman’s workplace and investigate the complaints.

The inspector showed the employer his notes, which had not been edited to remove the woman’s name. In doing so, the inspector accidentally disclosed the woman’s name to the employer. The woman said the disclosure of her name and the nature of her complaints led to the complete breakdown of the employment relationship. She said she was abused and humiliated by her employer.

The woman complained to us that the agency had disclosed her personal information (her name) to her employer.

The woman's complaint raised issues under principle 11 (disclosure) of the Privacy Act.

Principle 11

Principle 11 of the Act states that an agency that holds personal information must not disclose that information unless it has reasonable grounds to believe that one of the exceptions set out under principle 11 applies.

An agency can disclose information if it reasonably believes, for example:

• disclosure is one of the purposes for which the agency got the information
• disclosure is necessary to uphold or enforce the law
• disclosure is necessary for court proceedings
• the person concerned authorised the disclosure
• the information is going to be used in a form that does not identify the person concerned.

None of the exceptions within principle 11 applied in this case.

It is important that people can remain anonymous when they make a complaint in certain circumstances.

Agencies are able to withhold an informant’s identity so they can investigate the complaint and remedy the situation without the identity of the informant being disclosed.

If an informant knew their identity would be disclosed to the person complained about, this would discourage people from coming forward with concerns.

The agency met with the woman and apologised. The agency said the inspector made a mistake when he showed the employer his notes, and explained the steps it had taken to ensure the situation did not occur again. The agency acknowledged it had breached principle 11.  

The agency offered to pay the woman’s legal fees and some compensation in recognition of the fact that she lost her job.

The woman accepted the offer and we closed the file.

February 2015

Disclosure of personal information – Government agency – workplace complaint – informant request for anonymity – Privacy Act 1993; principle 11