Case Notes

The following case notes relate to actual complaints handled under Victoria’s Information Privacy Act. They are presented de-identified. The citation method follows that used by privacy commissioners in other jurisdictions in order to assist systematic reporting. It is hoped these case notes will provide guidance as to how the Privacy Commissioner is interpreting and applying the Information Privacy Act. New case notes will be added to this page over time.

You can search for legislation and cases from many different jurisdictions on the WorldLII (external link) and AustLII (external link) websites.

NumberTitleSummaryRelevant IPP(s)
VPrivCmr[2009] 4
(PDF, 37Kb)
Complainants AO v OrganisationCollection - Allegation that the organisation collected personal information which was not necessary for one or more of its functions or activities (IPP 1.1).
Use and Disclosure - Allegation that the organisation allowed personal information to be used and disclosed for a purpose unrelated to the primary, or permitted secondary purpose of collection (IPP2).
Data Security - Allegation that the organisation failed to take reasonable steps to protect personal information from misuse and loss, unauthorised access, modification or disclosure (IPP).
IPPs 1, 2 and 4
VPrivCmr[2009] 3
(PDF, 114Kb)
Complainants AN v Statutory AuthorityUse and Disclosure – Allegation the Statutory Authority disclosed personal information to a neighbour, for a related secondary purpose, which would not reasonably be expected (IPP 2.1(a)).
Data Security – Allegation that by disclosing personal information to a neighbour, the Statutory Authority failed to take reasonable steps to protect personal information from misuse, loss and unauthorised disclosure (IPP 4.1).
IPPs 2, 4
VPrivCmr[2009] 2
(PDF, 50Kb)
Complainant AM v Local Council Collection – Information Privacy Principle (IPP) 1 – allegation that a Local Council failed to give notice of the collection of personal information (IPP 1.3(a)), and the purpose for which the personal information was collected (IPP 1.3(c)). IPP 1
VPrivCmr[2009] 1
(PDF, 48Kb)
Complainant AL v Local CouncilCollection – allegation that the Local Council failed to provide adequate notice about whom it usually discloses personal information to. Use and disclosure – allegation that the Local Council disclosed personal information for a purpose either unrelated to collection or one which was not reasonably expected.IPPs 1, 2
VPrivCmr[2008] 3
(PDF, 49Kb)
Complainant AK v Statutory AuthorityCollection – Information Privacy Principle (IPP) 1.3 – allegation that the Statutory Authority (the Authority) failed to notify that the Complainant’s personal information would be available on the world wide web (www). Use and Disclosure – IPP 2.1 – allegation that the disclosure of the Complainant’s personal information on the Statutory Authority’s website was not in accordance with the primary purpose of collection or a related secondary purpose that would reasonably be expected.IPPs 1, 2
VPrivCmr[2008] 2
(PDF, 48Kb)
Complainant AJ v The DepartmentData quality (IPP 3) – allegation that the Department failed to update its records and ensure that the personal information it collected, used and disclosed was accurate, complete and up to date. Data Security (IPP 4) – allegation that the Department failed to take reasonable steps to protect the personal information it held from unauthorised disclosure.IPPs 3, 4
VPrivCmr[2008] 1
(PDF, 64Kb)
Complainants AI v Local CouncilUse and Disclosure (IPP 2.1) – Informal bulk release of personal information in response to an FOI application – interaction between the Freedom of Information Act 1982 and the Information Privacy Act 2000.IPP 2
VPrivCmr[2007] 3
(PDF, 22Kb)
Complainant AH v The DepartmentDisclosure of personal information (IPP2)allegation that the Department disclosed personal information unrelated to an investigation being undertaken. Data security (IPP4) – allegation that the Department failed to take reasonable steps to secure the personal information from unauthorised disclosure.IPPs 2, 4
VPrivCmr[2007] 2 (PDF, 21Kb)Complainant AG v Local CouncilDisclosure of personal information (IPP 2) – allegation that a kindergarten operated under licence from the local council disclosed personal information for an unauthorised purpose. Data security (IPP 4) – allegation that kindergarten failed to take reasonable steps to secure the personal information from unauthorised disclosure. Whether licence is a State Contract within the definition of section 17 IPA between local council and kindergarten.IPPs 2, 4
VPrivCmr[2007] 1 (PDF, 14Kb)Complainant AF v Local CouncilCollection of personal information (IPP 1) – allegation that a local council failed to give notice of the purpose for which information was collected. Use and disclosure of personal information (IPP 2) – allegation that a local council used and disclosed personal information for a purpose unrelated to the primary purpose of collection.IPPs 1, 2
VPrivCmr[2006] 6 (PDF, 18Kb)Complainant AE v Contracted Service Provider to a Statutory AuthorityCollection of personal information - whether collection of personal information by a Contracted Service Provider to a Statutory Authority was necessary for one or more of the Contracted Service Provider’s functions or activities.
Data Quality - whether the Contracted Service Provider failed to take reasonable steps to ensure that the information it collected about the Complainant was accurate.
IPPs 1, 3
VPrivCmr[2006] 5 (PDF, 30Kb)Complainant AD & Others v The DepartmentUnintended disclosure of personal information on world wide web (www) of entrants to competition run by Department details of conciliated result of multiple complaints.IPP 4
VPrivCmr[2006] 4 (PDF, 30Kb)Complainant AC v Public Sector BodyUse and disclosure of personal information – disclosure in context of informing a member of the public of results of an internal investigation into a member of staff – disclosure that is sufficient to show investigation and outcome were fair would be reasonably expected. IPP 2
VPrivCmr[2006] 3 (PDF, 22Kb)Complainant AB v Victoria PoliceUse and disclosure of personal information – personal information collected for a particular purpose, used for an unrelated purpose. Allegation that Victoria Police collected personal (fingerprint) information for the purpose of assessing a firearms licence and continued to use the information for a purpose (comparison with fingerprints found at crime scenes) which is unrelated to the primary purpose of collection.IPP 2.1
VPrivCmr[2006] 2 (PDF, 25Kb)Complainant AA v The DepartmentDisclosure of personal information – disclosure to a member of the public by Departmental administrative officer.IPP 2.1
VPrivCmr[2006] 1 (PDF, 26Kb)Complainant Z v Local CouncilDisclosure of personal information – disclosure to local residents during local government election period of complainant’s dispute with local council - allegation that a local councillor disclosed complainant’s personal information obtained whilst acting in capacity as local councillor, for the purpose of seeking
re-election.
IPP2.1 (a)
VPrivCmr[2005] 7 (PDF, 34Kb)Complainant Y v The DepartmentDisclosure of personal information – disclosure to the media by the Department in response to Complainant’s comments to media following a tribunal hearing – disclosure for a related secondary purpose an individual would reasonably expect after willingly and knowingly speaking to media about complaint.IPP 2.1(a)
VPrivCmr[2005] 6 (PDF, 19Kb)Complainant X v Contracted Service Provider to a DepartmentCollection by contracted service provider in the course of conducting an investigation – whether collection of personal information was necessary for one or more of its functions and whether information collected was accurate.IPPs 1, 3
VPrivCmr[2005] 5 (PDF, 33Kb)Complainant W v Public LibraryCollection of personal information through public library’s use of virus-scanning computer softwareIPPs 1, 4
VPrivCmr[2005] 4 (PDF, 20Kb)Complainants R, S, T, U and V v Local CouncilDisclosure of personal/sensitive information in attachment to council meeting agenda published on council websiteIPPs 2, 10
VPrivCmr[2005] 3 (PDF, 29Kb)Complainant Q v Contracted Service Provider to DepartmentUse and disclosure by contracted service provider’s Human Resources Manager of employee’s criminal record check to other staff without employee’s consentIPPs 2, 4
VPrivCmr[2005] 2 (PDF, 31Kb)Complainant P v Local CouncilDisclosure of name and address of person who reported a lost dog to the dog’s ownerIPPs 2, 4
VPrivCmr[2005] 1 (PDF, 33Kb)Complainant O v Health Services CommissionerDisclosure by Health Services Commissioner of complainant’s personal information, contained in confidential correspondence, to medical practitionerIPA s 10
VPrivCmr[2004] 8 (PDF, 32Kb)Complainant N v Local CouncilUnnecessarily wide circulation among employees of Complainant’s name as a person reporting public health and safety issue for action by CouncilIPP 4
VPrivCmr[2004] 7 (PDF, 21Kb)Complainant M v Tertiary InstitutionDisclosure of complainant’s personal information to debt collector IPP 2.1(a)
VPrivCmr[2004] 6 (PDF, 32Kb)Complainant L v Tertiary InstitutionUse of e-mail monitoring for collection of personal information and disclosure of that information to third partyIPPs 1, 1.3
VPrivCmr[2004] 5 (PDF, 23Kb)Complainant K v Local CouncilDisclosure by Council of complainant’s personal information to contractor in context of complaint made to Council about incomplete footpathIPA s 29(1)(h)(i)
VPrivCmr[2004] 4 (PDF, 31Kb)Complainant J v Statutory EntityDisclosure of personal information contained in correspondence to court-appointed liquidatorIPP 2
VPrivCmr[2004] 3 (PDF, 25Kb)Complainant I v DepartmentDisclosure by Department of employee’s bank account and leave details to external investigator and review panel in context of alleged misconduct IPP 2.1(e)
VPrivCmr[2004] 2 (PDF, 28Kb)Complainant H v Local CouncilDisclosure of petitioners’ names and addresses on Council websiteIPPs 2.1(a), 2.1(f)
VPrivCmr[2004] 1 (PDF, 34Kb)Complainant G v DepartmentCollection by media of identifiable image of complainant facilitated by contractor to DepartmentIPPs 1, 5
VPrivCmr[2003] 6 (PDF, 24Kb)Complainant F v Tertiary InstitutionDisclosure of complainant’s personal information to supervisor of complainant’s Masters thesis in context of review of PhD candidatureIPP 2.1(a)
VPrivCmr[2003] 5 (PDF, 32Kb)Complainant E v Statutory EntityPublication on Statutory Entity’s website of complainant’s name as holder of a licence for sensitive trade activityIPPs 1, 3, 4
VPrivCmr[2003] 4 (PDF, 22Kb)Complainant D v MinisterDisclosure of complainant’s contact details to the organisation she had complained aboutIPPs 2, 2.1(a)
VPrivCmr[2003] 3 (PDF, 21Kb)Complainant C v DepartmentWas personal/sensitive information collected by government department necessary for functions? Did Department take reasonable steps to ensure accuracy?IPPs 1, 3, 10
VPrivCmr[2003] 2 (PDF, 30Kb)Complainant B v Statutory EntityDisclosure of complainant’s current address to former husband at Statutory Entity’s front counter IPPs 2, 4
VPrivCmr[2003] 1 (PDF, 23Kb)Complainant A v Local CouncilDisclosure of details of conversation between complainant and credit service provider about a disputed debt complainant had with Local CouncilIPPs 1, 2.1(a), 2.1(f)


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Last reviewed on 4 August 2009. © 2009 Privacy Victoria - an independent statutory office