Privacy

Question 1

Steps for privacy question

Answer 1

1. is it PI
2. Has there been a breach of a IPP that has caused harm
   ;or
3. an unjustified refusal for information
4. is there any reasons for refusing the release of the PI
5. Privacy commissioner can file a motion to get the PI released if they believe it needs to be. If that is not followed, they can issue enforcement proceedings
6. if all else fails, judicial review

Question 2

Step 1

Answer 2

Is it PI:

Must be identifiable individual
Proceedings commissioner - only has to be identifiable to some people, not everyone

Question 3

Step 2:

Answer 3

Has there been either a breach of an IPP that has caused harm; or If there has been a breach of an IPP, which IPP”s have been breached and did they cause harm

IPP’s
Access
Correct
Unlawfully obtained
Not obtained from the individual
Obtaining of information must be necessary
Has there been disclosure (does not matter if authorised/anonymous)
Pl collected for one purpose must not be used for another
Agencies shall store Pl safely and securely

Question 4

Step 3:

Answer 4

An unjustified refusal for information
If there has been an unjustified refusal of PI, is the information needed to prevent harm (Kim Dot Com)
○ The breach of privacy had to have caused him a loss of benefit which did not happen

Question 5

Step 4:

Answer 5

is there any reasons for refusing the release of the PI
* Those reasons include
○ Protection
○ Evaluative material
○ Security/defence
Trade secrets

Question 5

Step 5:

Answer 5

Privacy commissioner can file a motion to get the PI released if they believe it needs to be. If that is not followed, they can issue enforcement proceedings

Question 6

Step 6:

Answer 6

if all else fails, judicial review