An association complained that a list of its members' names and addresses had been collected by a travel agency for marketing purposes without the members' permission.

However, my inquiries revealed that the agency had been given the information and had not collected it.

A former member of the association visited the travel agency to arrange a package tour for association members. He gave a list of members' names and addresses to the agency. The travel agency said it believed in good faith that the former member had supplied the list with the authorisation of those on the list.

I considered whether the travel agency had 'collected' personal information in terms of the Privacy Act. Section 2 of the Privacy Act provides that 'collect' does not include the receipt of unsolicited information. The travel agency had not asked for the list, but had been given it by the former member.

I formed the opinion that the information had not been collected in terms of the Privacy Act definition and so the information privacy principles relating to collection did not apply.

Indexing terms: Collecting personal information - Travel agency - Receipt of unsolicited information does not constitute 'collection' - Privacy Act 1993, s 2

November 2001