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Sunday, June 04, 2006

ADT Appeal Panel privacy decision: no valid complaint

The Appeal Panel in this latest NZ v Department of Housing decision affirmed the Tribunal's finding that the ADT had no jurisdiction to consider the matter because there had not been a complaint to the agency under Section 53 of PPIPA.

The Appeal Panel confirmed that a complaint about a breach of privacy, to be valid, must identify the conduct complained of but does not need to be precise about exactly what information protection principle is in issue. In this case the matters complained about were not incidents that were relevant to a claim of breach of privacy. The agency had not been in receipt of a complaint under the Act

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