1 Feb 2004, 09:00

An advertising agency organised a nationwide billboard campaign featuring information from the telephone directory. A couple complained to the Privacy Commissioner after discovering their names, address, telephone number and a mobile phone number were included in the advertisement exactly as shown in the telephone directory. The advertisement was displayed in various bus shelters. As a result, over the next couple of months, the couple received a number of prank calls and a number of explicit and personal messages. They found the calls distressing.

The couple acknowledged that the information was publicly available. However, they questioned whether using the information in an advertising campaign was a proper use, and felt it to be an interference with their privacy.

I wrote to the advertising agency about the complaint saying that it appeared to raise issues under principles 10 and 11, concerning the use and disclosure of personal information. I invited suggestions about how the matter could be resolved.

The agency responded by saying it took full responsibility for the matter. Apparently the idea for the campaign was to include a typical page from the telephone directory but with the details changed to ensure they could not be traced to a real subscriber. Due to an error, the details had not been changed.

The agency told me it had written to the couple as soon as the matter was brought to its attention and had immediately withdrawn the advertisement from the campaign. The agency apologised for its error and suggested a meeting to try to settle the matter. The couple agreed to this suggestion. I was told that as a result of that meeting, the couple were satisfied that new checks and balances had been implemented to make a recurrence unlikely, and that they had come to a mutually acceptable agreement.

On that basis I discontinued my investigation and closed my file.

August 2004

Indexing terms: Use of personal information– Advertising agency – Personal information from telephone directory included in advertising campaign – Nuisance calls resulted – Apology and greater checks to prevent recurrence – Information privacy principle 10

Disclosure of personal information – Advertising agency – Personal information from telephone directory included – Nuisance calls resulted – Apology and greater checks to prevent recurrence – Information privacy principle 11