Anonymous information can still be 'personal information' under the Privacy Act...

A carpark manager forwarded information relating to an individual’s parking tickets, the tickets’ dates of issue, and the reason for each ticket to the individual’s employer who owned the carpark. The information did not include the individual’s name nor their car’s registration number.

The individual complained to the Human Rights Review Tribunal that this exchange of information was a breach of their privacy, and demanded over $142,500 in compensation.

Information which is ‘personal’ is subject to our privacy legislation. The Tribunal considered whether seemingly anonymous parking information which did not contain the individual’s name could be considered ‘personal information’. The Tribunal found that personal information does not need to contain information which identifies an individual, it can include information which is about an identifiable individual. Therefore, even if the individual could only be identified through the use of extrinsic evidence or knowledge, anonymous information is still ‘personal information’.

The Tribunal concluded that because the parking information was about an identifiable individual, it was personal information and subject to privacy law. However, the carpark manager had a reasonable ground for disclosing the personal information to the employer for the purpose of enforcing the parking rules. The individual was therefore not entitled to any compensation.

If you are unsure about your rights or obligations as to privacy it pays to get advice from a professional experienced in the area. 

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Alan Knowsley and Hanifa Kodirova