1 Feb 2005, 09:00

A polytechnic student was a resident at a hostel. During her stay, she experienced a number of problems, which were recorded in a duty book. The hostel managers contacted her parents to discuss their daughter's issues without her knowledge.

The student complained about the collection of information about her mental health and the disclosure of this information to her parents.

Principle 2

Principle 2 provides that where an agency collects personal information, it shall collect it directly from the individual concerned, unless a stated exception applies.

The student had apparently confided in another resident that she had previously attempted suicide and was again feeling that way inclined. The other resident informed the duty Resident Assistant and the matter was recorded in the duty book. The note was subsequently read by the managers.

The hostel advised that the purpose of its duty book was to record incidents related to the health and safety of the residents, discipline issues, damage to hostel property, and issues that required follow up. It was kept in the hostel's office and was only accessible to staff. While residents were not expressly advised that information about them would be recorded in the book, the hostel submitted that it was “common knowledge”. The student objected, maintaining that she had not authorised the hostel to collect personal information about her.

I was not satisfied that the hostel collected the information about the student's mental health since it was unsolicited information provided by another student. “Collect” is defined in the Privacy Act and it does not include the receipt of unsolicited information.

Even if recording the information about the student's mental health in the duty book were to be viewed as collection, I considered that the hostel could rely on the exception in principle 2(2)(f): information can be collected from someone else if it would not be reasonably practicable in the circumstances to collect it from the individual concerned.

Principle 11

Principle 11 provides that an agency that holds personal information must not disclose that information unless it believes that a stated exception applies.

After the note in the duty book was read by the managers, the student was taken to hospital and the managers telephoned her parents to inform them. The following morning, there was a discussion between the managers and the student's parents about the previous alleged suicide attempts. The managers believed that their serious concern for the student's welfare and safety outweighed the fact that the matter had not been discussed with her first.

I was satisfied that there was no breach of principle 11, because the exception contained in 11(a) applied: the disclosure was directly related to the purposes in connection with which the information was obtained. In reaching my opinion, I considered the nature of the relationship between the student and the managers of the hostel where she lived. This sort of relationship naturally gives rise to obligations on the part of the managers in relation to the physical well-being and safety of hostel residents.

I advised the student of her right to take the matter to the Human Rights Review Tribunal and closed my file.

April 2005

Indexing terms: Collection of personal information – Student hostel – Unsolicited information about previous alleged suicide attempts and mental health concerns– Whether hostel “collected” personal information – Privacy Act 1993,- Information privacy principle 2(2)(f)

Disclosure of personal information – Student hostel – Disclosure to parents about mental health concerns and previous alleged suicide attempts – Disclosure directly related to one of the purposes in connection with which the information was obtained – Information privacy principle 11(a)