No unauthorized disclosure in breach of DPP3 where document sent by fax to a number given by Appellant and according to his instructions. The Privacy Commissioner's decision not to investigate upheld by AAB.
The transmission of a court document by fax to complainant's office - fax number was supplied by the complainant to his solicitors for communication purpose - no change of purpose of use - DPP3
The Complaint
The complainant was a plaintiff in a legal action and was legally represented by a law firm. In the course of handling the complainant's court case, the law firm faxed a letter containing the complainant's personal data to his office. The complainant was dissatisfied with this arrangement and made a complaint to the PCPD.
Findings of the Privacy Commissioner
After a preliminary enquiry, the Privacy Commissioner informed the complainant of his decision under section 39(2)(d) of the PD(P)O that no further investigation was considered necessary. In coming to the decision, the Privacy Commissioner had taken into account the fact that the fax number had been provided to the law firm by the complainant himself. It was also pursuant to the complainant's instruction that the fax had been sent for the attention of the complainant's supervisor whose name was given to the law firm again by the complainant. The Privacy Commissioner opined that there was no evidence to show contravention on the part of the law firm in so faxing the letter to the complainant's office.
The Appeal
The complainant was dissatisfied with the decision of the Privacy Commissioner and appealed to the AAB. The appellant argued that the law firm should obtain a written acknowledgment of consent from him before faxing the letter to his office.
The AAB agreed with the Privacy Commissioner that the relevant fax had been sent to the complainant's office with his verbal instructions and consent. There was therefore no unauthorized disclosure of personal data as alleged and no evidence of contravention on the part of the law firm.
AAB's decision
The AAB upheld the Privacy Commissioner's decision and dismissed the appeal.