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Latest in Case notes and court decisions

Displaying 21 - 40 of 327

Case Note 240409 [2016] NZ PrivCmr 2: Teenager accused of shoplifting, shamed on Facebook

A teenage girl was accused of shoplifting with a group of friends in a clothing shop. The shop manager used security camera footage to post photos of the group on the business’ Facebook page.

The father of the teenager complained to the shop about the photos which he said unfairly branded his daughter as a shoplifter. He said that his daughter was innocent and she had not been aware that two of the others in the group had take...

Case note 256329 [2016] NZ PrivCmr 1: Woman accused of dodgy trading by online forum

A woman was accused of being a ‘dodgy trader’ by an online community.  Her personal information, including her address, photos, bank account and cell phone numbers were all posted in a comments thread on the website. 

She told the website administrators that the information about her was wrong and asked for it to be immediately removed. The website’s administrators refused to remove the information.  They told the woman...

Case note 266148 [2015] NZ PrivCmr 10: Police refuse access to interview DVD

A tourist visited New Zealand on a holiday. During his holiday, he filed a police report alleging he had been robbed.

During the investigation, a constable interviewed the complainant. This interview was recorded with the complainant’s consent. As a result of that interview and other inquiries, Police determined that the complainant had not actually been robbed, but rather had made a false report in order to...

Case Note 269041 [2015] NZ PrivCmr 9: Man refused son's health information

The father of a seven year old boy at the centre of a custody battle with his former wife complained to us because he was refused copies of his son’s medical records.

The father requested the health records from his son’s doctor. The boy had been seeing the doctor for several years because he suffered from food allergies. The father said he had little confidence he was getting all the information he needed from his former wi...

Case note 264435 [2015] NZ PrivCmr 8: Immigration New Zealand (INZ) refuses to correct birth date

In 2011, the complainant moved to New Zealand from Ethiopia. He had been orphaned at a very young age and came to New Zealand as a refugee sponsored by his aunt.

Birth registration was not compulsory in Ethiopia when he was born, so there were no records of his date of birth. His aunt consulted with locals and estimated that he was born in early 2000. She used this date to apply for an Ethiopian passport and birth certificate on his behalf. She then used these documents to support his...

Case Note 244873 [2013] NZ PrivCmr 5 : Man objects to CCTV camera in the men's public toilets of a pub

A man was concerned that he had been filmed in the men’s toilets of a pub by a fixed CCTV camera. He was initially unaware of the camera’s presence, but had later seen copies of the pictures taken while he was using the bathroom.

The man complained to us that use of a camera in toilet areas was an interference with his privacy. The complaint raised issues under principle 4 of the Privacy Act.

Principle 4 relates to the means by which personal information is collected. It req...

Case Note 248601 [2013] NZ PrivCmr 4 : Medical practice mitigates future harm after data breach

A doctor working in a suburban medical practice had his car broken into and bag stolen. The bag contained a USB stick holding the personal information of a number of patients, including the complainant. The data detailed the complainant’s first and last names.  Also included were details of their prescribed drugs and medical diagnosis.

One of the doctor’s patients complained to us.

The medical practice acted quickly and fulfilled all four key steps an agency should follow i...

Case Note 243548 [2013] NZ PrivCmr 3 : Recruitment agency fails to remove all personal information from an old online profile

A man was previously a client of a recruitment agency.  One of the agency’s services was to provide an online profile for the man. 

The profile contained extensive information about him, including his name, photo, physical description, qualifications and personal interests.

After a period of time, the man advised the agency he no longer wanted to use its services, and asked to have his profile removed.

The agency removed his name and photo from the online profile, and...

Case Note 226245 [2013] NZ PrivCmr 2 : Over-collection of medical notes by insurance company

A man applied for trauma insurance with an insurance company.  As part of his application he provided extensive medical information and authorised the company to collect health information relating to the application and any previous insurance claims.

After receiving the application, the company contacted the man’s doctor and obtained his full medical history for the preceding five years.

The man raised concerns with us that the company had collected more information than was...

Case Note 235239 [2013] NZ PrivCmr 1 : Dealing with child's health information when parents are separated

We received a complaint from a mother who had requested her child’s health information from a medical clinic.  The clinic had declined to provide the information because the child’s father did not want the information to be released.

This complaint raised issues under the Health Information Privacy Code (“the Code”) and the Health Act 1956 (“the Health Act”).

The Code and Health Act

Under section 22F of the Health Act, parents and guardians a...