The complainant applied for a job with a different branch of the agency he worked for. He was asked to consent to his 'current employer' being contacted for a reference. He gave his written consent for this and named a particular individual as his 'current employer'. This person was contacted but said he was not the person to whom the complainant was immediately responsible and he referred the prospective employer to a manager now in a different branch of the agency. The manager gave an unfavourable reference about the complainant and the job application was declined.

The complainant alleged that the manager spoken to was his former supervisor and that the agency did not have his consent to speak to her. He felt that she had only made negative comments to his detriment because they did not get along.

The agency explained that the manager who had given the reference was, at that time, the complainant's supervisor even though she had recently been transferred to another branch. Although the various parties worked in different branches, they all worked for the same overall organisation. On the basis of this information I concluded that there was no breach of information privacy principle 11 as no disclosure had been made outside the agency.

I then looked to whether the comments made by the manager amounted to information obtained for one purpose being used for another purpose contrary to IPP10. I ascertained that the information, on which the comments were based, had been collected by the manager in her role as the complainant's supervisor. The purpose of the collection was to monitor the complainant's performance in his position and as an employee of the agency. I formed the view that the use of the information to assess the suitability of the complainant for a different position within the same agency was directly related to the purpose of collecting the information. The respondent could therefore rely on exception (e) to IPP10. Additionally the manager had reasonable grounds to believe that the complainant had authorised the use of information collected about him as an employee to be used for the purpose of assessing his suitability for the new position.

My investigation was concluded on the basis that there had been no breach of the principles 10 or 11. As the complainant wished the complaint to be limited to the actions of the manager only, and not the agency generally, I did not specifically address any issues which might have arisen under IPPs 2 or 5.

November 1994

Use of personal information - Employer - Information about employee's performance used in a reference - 'Directly related purpose' - Information privacy principle 10(e)

Disclosure of personal information - Employer - Employee's supervisor gave reference to a manager within the same agency - No 'disclosure' - Information privacy principle 11