1 Feb 2002, 09:00

A husband and wife team worked on commission as independent contractors to the real estate division of a nationwide company.

At a meeting attended by most staff in the region, the company presented overhead slides comparing the results of each of its business units. The object of the meeting was to improve performance.

The financial performance of the husband and wife's real estate unit was shown in the overheads, which included the unit's total turnover and the revenue earned. The couple complained that others would be able to calculate their annual income, since the percentage received from commission was common knowledge in the company. The couple believed that the disclosure amounted to an interference with their privacy.

However, I did not consider that personal information had been disclosed.

The company said the overheads were a management tool and that although the revenue produced by the couple was disclosed, their income was not. To calculate annual income, an individual would need to know the details of the couple's contract with the company. This information was not revealed.

I first considered whether the information given at the meeting was personal. Section 2 of the Act defines personal information as, 'information about an identifiable individual'. I needed to be satisfied that the information displayed at the meeting was personal information about one or both of the couple, as opposed to company information.

The Complaints Review Tribunal in its decision of C v ASB Bank Ltd (Decision No.21/97, CRT 5/97) noted:

The Privacy Act establishes a regime covering the handling of personal information, that is information about an identifiable individual. An individual is a natural person as distinct from a body corporate or any other non-human persona.

In my view the information that the company gave at the meeting about the financial performance of the real estate division was company information, not personal information about the couple.

I accepted the couple's submission that if other employees at the company already knew the percentage amount the couple received as commission then the revenue information given at the meeting may have yielded personal information about them. However, that did not alter the status of the information which was displayed at the meeting.

I advised the couple of my opinion and decided to take no further action.

Indexing terms: Disclosure of personal information - Business - Financial results of business unit disclosed - Whether personal information - Privacy Act 1993, s 2

July 2002