AAB held that an unproven verbal disclosure of information about an individual in the circumstances of the case did not involve the individual's "personal data" as defined under the PD(P)O.
Complainant lodged verbal complaint with the housing estate manager - alleged manager disclosed to others her personal and sensitive data to others - DPP3 of the PD(P)O
The Complaint
The complainant claimed that in the course of lodging a verbal complaint with the staff of a management office of a housing estate, she disclosed some sensitive information about her past to the manager. She alleged that subsequent to her complaint, the sensitive information about her past was disclosed by the staff receiving her complaint to other staff as well as a third party causing her distress.
Findings of the Privacy Commissioner
Having considered all the circumstances of the case, the Privacy Commissioner did not find supporting prima facie evidence to suggest that the management office staff receiving her complaint had disclosed her personal data to other staff and a third party so that there had been a contravention of the requirements of the PD(P)O, hence no investigation was necessary. The complainant appealed against the decision.
The Appeal
After hearing the appeal, the AAB decided that even if there had been any verbal disclosure of information about the complainant as she alleged (which allegation was in any event never proved), this would still not involve the complainant's personal data, which term is defined under the PD(P)O to include only recorded information. There was no evidence to prove that the alleged sensitive information about her existed in a recorded form. Accordingly, even if the complainant's allegations were true, the matter would have fallen outside the Privacy Commissioner's jurisdiction. Hence, the AAB unanimously upheld the Commissioner's decision not to investigate the case.
AAB's decision
The appeal was dismissed.