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Background

Privacy NSW (the Office of the NSW Privacy Commissioner) conducted an investigation into a complaint by Ms Carol Atkins. The investigation was undertaken pursuant to section 36(2)(k) of the Privacy & Personal Information Protection Act 1998 (the Act). This authorises the Privacy Commissioner to receive, investigate and conciliate complaints about privacy related matters, not limited to conduct which appears to breach Part 2 of the Act.

The complaint concerned matters which occurred before the commencement of the Information Protection Principles in Part 2 of the Act. The conclusions and recommendations in the Investigation Report are therefore based on Privacy NSW’s Data Protection Principles (DPPs). The DPPs do not have the force of law but serve as a guide for the handling of personal information. The DPPs are the basis for the Privacy Commissioner’s determinations of investigations into matters which fall outside the regulatory scope of the Act.

In July and August this year Mr Percy and Mr Pangello were invited to respond to the recommendations in the Investigation Report. Mr Percy and Mr Pangello were both advised that the Commissioner would exercise his powers under section 65 of the Privacy & Personal Information Protection Act 1998 to make a Special Report to the NSW Parliament if his recommendations in the Investigation Report were not complied with by 13 September 2001. The Commissioner did not receive any such advice and on 17 September 2001 the Commissioner made such a Special Report to Parliament.

A copy of the Special Report is available here: (click here) The documents in the Appendix are available in hard copy from Privacy NSW. For copies of these documents ring (02) 9268 5583.