The complainant contacted a real estate agency expressing an interest in buying a property in a certain area. She told the agent how much she was prepared to pay.

Without the complainant's authorisation, the agent distributed a circular to houses in the area in which he gave details of the complainant's name, the fact that she wished to buy a house there and her ceiling price.

The agency accepted that the distribution of the circular was in breach of information privacy principle 11. They apologised to the complainant, spoke to all staff about the matter and said that information about the Privacy Act would be included in training materials.

The complainant was not satisfied that the actions taken resolved her complaint. She said she was embarrassed by the disclosure as some people who lived in the area knew her.. She also believed that the disclosure of the amount she was prepared to pay had adversely affected her bargaining power. She sought monetary compensation.

I formed the opinion that there had been an interference with the complainant's privacy and informed the parties of my opinion. However, as the real estate agency could not be persuaded to offer a financial settlement there was no further action I could take.

Section 79 of the Act does not allow disclosure complaints to be referred to the Complaints Review Tribunal during the transitional phase of the Act (until 30 June 1996).

November 1995

Disclosure of information in circular by a real estate agent - agency unwilling to offer compensation - section 79 Privacy Act - information privacy principle 11