The Privacy Commissioner cannot handle a complaint without the necessary information.
The complainant lodged a complaint without prima facie case of contravention of the Ordinance - section 39 discretion
The Complaint
The complainant lodged a complaint with the Privacy Commissioner against an employee of an organization (Ms. L). He alleged that Ms. L without his consent made a copy of the letter written by his ex-wife to him. The Commissioner conducted enquiry with Ms. L and the complainant. Ms. L denied that she had made copy of the letter and asserted that the copy was given by the complainant's ex-wife for the purpose of investigating into a case of complaint made by the complainant against another staff of the organization. In this regard, the Commissioner received through Ms. L and so considered a declaration made by the ex-wife that it was she who provided the copy of the letter to Ms. L.
Findings by Privacy Commissioner
As there was no evidence supporting the allegations made by the complainant, the Commissioner decided not to investigate the complaint by virtue of section 39.
The Appeal
The complainant appealed against the Commissioner's decision reiterating that Ms. L had copied the letter and thereby infringed his personal data privacy.
The AAB ruled that there was no prima facie evidence which suggested that Ms. L had copied the letter, and accepted that the ex-wife did declare that she had given the copy of her letter to Ms. L. The salient particulars of the same had been recorded accurately in a note prepared by the Commissioner's officer. After considering all the evidence of the case, the AAB found that it was appropriate and reasonable for the Commissioner to refuse or not to commence investigation.
The AAB Decision
The Appeal was dismissed.