In a significant decision concerning the privacy of information of job applicants the Human Rights Tribunal has ordered information to be provided to a losing applicant.

The unsuccessful applicant alleged age discrimination and sought the applications, CVs, interview notes, reference checks and recruitment agency reports on all other applicants.

The Human Rights Tribunal held that he was entitled to access that information, including the names of all applicants, so that he could progress his discrimination allegations.

The decision has overridden the protections in the Privacy Act for both the other applicants and referees. Other applicants could expect their personal information (including credit and criminal record checks) to be kept confidential and referees would expect to be able to give free and frank assessments without that information becoming known to an unrelated applicant.

If you receive an application for access to personal information about another person then it is important to seek advice before deciding on releasing any information.