letter to my union rep
Peter
I find that I cannot put the whole matter behind me unless I right some of the injustice’s I suffered and in spite of considerable counseling I still find myself very pissed off and angry I need to resolve some of these so I can move on and improve my health and well being
You informed me that the union was still there to help as the case was instigated while I was still employed and a union member at this point
I need to know if you could encourage the unions lawyers to get involved and sort out with the privacy officer and/or their legal counsel
If you are unable to assist I will be forwarding to the media as my last resort
The story so far
I sent the following to the privacy commissioner enquiring as to whether it was legal as telecom refused at all levels to answer my questions
Dear sir/madam
During 2009 I became embroiled with telecom management as they attempted and later succeeded in micro-managing me out after 39 years 3 month service
I became aware of the possibility that telecom management where reading my personal emails so I decided to use the fact to possibly catch them out , I succeeded
I asked my mate Nigel Dick to pretend to be my lawyer which he was happy to assist with
IMAGAINE MY SURRISE WHEN I get an email from Bridgette Dalzell (Bridgette was the national manager at the time) asking for confirmation that he "Nigel" is my lawyer WITH NIGEL CC ed INTO IT
refer below
Now she may have a legal right to read the email, I do not believe in law, she has the right to act on it, that's illegal isn’t it ?
She has definitely no right in law to act on private information, that to all intents and purposes is between myself and my "lawyer", even thought he was my pretend "lawyer"
In her mind by asking for confirmation that, he "Nigel " was my lawyer, she is of the perception, at that point in time that he is an actual lawyer so she should have ignored all emails between myself and him surely
From: Bridgette Dalzell [mailto:Bridgette.Dalzell@telecom.co.nz] Sent: Monday, 6 April 2009 11:26 a.m.To: Paul McleodCc: nigel dick; Bridgette DalzellSubject: RE: breach of verbal agreement
Thanks for coming back to me so quickly Paul.
Can you please confirm that your lawyer is Nigel Dick and can you please confirm the correct contact details.
Questions
1. Has this lady acted illegally
2 if so can she be charged and how does one go about that
3 what would be the specifics of the charge
I have attempted to resolve with telecom from the ceo at the top thru to hr to no avail what so ever
Also before I left I believe I highlighted it to the site manager and my immediate manager
All my concerns were ignored
So I need to resolve this and move forward with it
Please advise
Thank you for your help
I received the following answers
between myself and my brother we feel telecom may have acted illegally pats queries are in red my answers are in blue
would you be so kind as to pass to your lawyers for an opinion and if they feel I have a case engage them to act on my behalf
18 February 2010
Dear Paul McLeod
Our Ref: ENQ 66436
Thank you for your email dated 17 February 2010 to the Office of the Privacy Commissioner.
You ask for advice on the legality of the actions of a manager from your ex employer, Telecom Ltd.
I am assuming that the emails you mention are your personal emails posted on the employers computer equipment. On that understanding I will make general comments and indicate the provisions of the Privacy Act 1993 (‘the Act’) which appear to be relevant to the questions which you have raised. I hope that this will be of some assistance. However, I must point out that I am not able to provide specific legal advice.
The 12 Information Privacy Principles of the Act generally deal with the collection, use and disclosure of personal information, by what the Act defines as an agency. Your enquiry may raise issues under principles 3 and 4. I enclose a copy of the principles for your information.
When an agency, which would include your employer, collects personal information directly from an individual, principle 3 of the Act
generally requires the agency to make the individual aware of a number of things, did they make you aware of what they were doing no they did not
including the fact that personal information is being collected, did they advise you when they were doing it no they did not and have not
the general purposes of collection, did they advise you for what purpose it was to be used for no they did not
and the intended recipients of the information. whom were the intended recipients please advise who was in receipt of same
Principle 3 reflects an underlying policy of the Act that agencies should be open about their collection and use practices concerning personal information. were they open about it , no they weren’t
For this reason, among others, permission to collect, use or disclose personal information is not necessarily required if there is a demonstrated adequate compliance with principle 3.it would appear there was no demonstrated adequate compliance therefore they had no permission to use. Can they please explain
Therefore in order for your employer to comply with those requirements of principle 3, your employer would generally need to make you aware of the fact that the personal use of the employers email system will or may be monitored. That is, to have a policy regarding the personal use of company equipment. Did you have or sign a statement re the policy of personal use of company equipment..eg was there a policy around use of the internet...at the time of the incident...that’s important yes there was a policy around the use of the internet but not specific as to reading emails between myself and my “lawyer” Nigel
If there is such a policy in place then the collection of information by the monitoring of your private emails may not be a breach of privacy in terms of principle 3. If there is no understood policy principle 4 may be relevant to any consequent collection of your personal information ....crucial point the crucial point is the emails read where between me and my lawyer “ Nigel
Principle 4 generally prohibits collection of personal information by an unlawful means, an unfair means, or by means that unreasonably intrude upon the personal affairs of the individual concerned. The reading of notes and my lawyer Nigel could be construed as my personal affairs could they not to all intents and purposes I was under threat of dismissal and was seeking counsel from my “lawyer”
Section 23 of the Act requires that each agency have at least one Privacy Officer within the organisation. You may wish to contact the Privacy Officer for Telecom Ltd to discuss your privacy concerns in light of any policy that deals with the personal use of company equipment....have someone source this or ask the question...dates etc re the introduction of policy and how it was distributed will be important
----- Original Message -----
PRINCIPLE 3
Collection of information from subject
(1) Where an agency collects personal information directly from the individual concerned, the agency shall take such steps (if any) as are, in the circumstances, reasonable to ensure that the individual concerned is aware of -
(a) The fact that the information is being collected; and......they didn't tell no they did not
(b) The purpose for which the information is being collected; and....ditto ditto
(c) The intended recipients of the information; and....ditto ditto
(d) The name and address of -
(I) The agency that is collecting the information; and...ditto ditto
(ii) The agency that will hold the information; and...ditto ditto
(e) If the collection of the information
is authorised or required by or under law - was it please have them confirm which law the acted upon
(I) The particular law by or under which the collection of the information is so authorised or required; and which law yes which law
(ii) Whether or not the supply of the information by that individual is voluntary or mandatory; and. Voluntary /mandatory please advise
(f) The consequences (if any) for that individual if all or any part of the requested information is not provided; and..you were not aware it was happening therefore not aware of consequences no I was not aware it was happening definitely however my little ruse confirmed it
(g) The rights of access to, and correction of, personal information provided by these principles. They did not advise you of your rights no they did not
(2) The steps referred to in subclause (1) of this principle shall be taken before the information is collected or, if that is not practicable, as soon as practicable after the information is collected...not informed in a timely manner I was never in formed
(3) An agency is not required to take the steps referred to in subclause (1) of this principle in relation to the collection of information from an individual if that agency has taken those steps in relation to the collection, from the individual, of the same information or information of the same kind, on a recent previous occasion. Ask if they previously had collected information please ask
(4) It is not necessary for an agency to comply with subclause (1) of this principle if the agency believes, on reasonable grounds -
(a) That non-compliance is authorised by the individual concerned; or..you authorised nothing I authorised nothing
(b) That non-compliance would not prejudice the interests of the individual concerned; or yes it did prejudice your interests completely correct it did prejudice my interests
(c) The non-compliance is necessary -
(I) To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
(ii) For the enforcement of a law imposing a pecuniary penalty; or
(iii) For the protection of the public revenue; or
(iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
(d) That compliance would prejudice the purposes of the collection; or
(e) That compliance is not reasonably practicable in the circumstances of the particular case; or
(f) That the information -
(I) Will not be used in a form in which the individual concerned is identified; or
(ii) Will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned.
PRINCIPLE 4
Manner of collection of personal information
Personal information shall not be collected by an agency -
(a) By unlawful means; or did they break the law please check
(b) By means that, in the circumstances of the case -
(I) Are unfair; or it was not fair it was definitely not fair
(ii) Intrude to an unreasonable extent upon the personal affairs of the individual concerned.
PRINCIPLE 5
Storage and security of personal information
An agency that holds personal information shall ensure -
(a) That the information is protected, by such security safeguards as it is reasonable in the circumstances to take, against -
(I) Loss; and
(ii) Access, use, modification, or disclosure, except with the authority of the agency that holds the information; and personal information was used yes the information was personal to me
(iii) Other misuse; and could it be deemed misuse
(b) That if it is necessary for the information to be given to a person in connection with the provision of a service to the agency, everything reasonably within the power of the agency is done to prevent unauthorised use or unauthorised disclosure of the information.
PRINCIPLE 6
Access to personal information
(1) Where an agency holds personal information in such a way that it can readily be retrieved, the individual concerned shall be entitled -
(a) To obtain from the agency confirmation of whether or not the agency holds such personal information; and ask them please ask them for their notes
(b) To have access to that information. ask them yes I would like access
(2) Where, in accordance with subclause (1)(b) of this principle, an individual is given access to personal information, the individual shall be advised that, under principle 7, the individual may request the correction of that information. ask them please ask for notes so I may deem them to be correct
(3) The application of this principle is subject to the provisions of Parts IV and V of this Act.
PRINCIPLE 7
Correction of personal information
(1) Where an agency holds personal information, the individual concerned shall be entitled -
(a) To request correction of the information; and
(b) To request that there be attached to the information a statement of the correction sought but not made.
(2) An agency that holds personal information shall, if so requested by the individual concerned or on its own initiative, take such steps (if any) to correct that information as are, in the circumstances, reasonable to ensure that, having regard to the purposes for which the information may lawfully be used, the information is accurate, up to date, complete, and not misleading.
(3) Where an agency that holds personal information is not willing to correct that information in accordance with a request by the individual concerned, the agency shall, if so requested by the individual concerned, take such steps (if any) as are reasonable in the circumstances to attach to the information, in such a manner that it will always be read with the information, any statement provided by that individual of the correction sought.
(4) Where the agency has taken steps under subclause (2) or subclause (3) of this principle, the agency shall, if reasonably practicable, inform each person or body or agency to whom the personal information has been disclosed of those steps.
(5) Where an agency receives a request made pursuant to subclause (1) of this principle, the agency shall inform the individual concerned of the action taken as a result of the request.
PRINCIPLE 8
Accuracy, etc, of personal information to be checked before use
An agency that holds personal information shall not use that information without taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date, complete, relevant, and not misleading.oops they didn't no they did not
PRINCIPLE 9
Agency not to keep personal information for longer than necessary
An agency that holds personal information shall not keep that information for longer than is required for the purposes for which the information may lawfully be used.
PRINCIPLE 10
Limits on use of personal information
An agency that holds personal information that was obtained in connection with one purpose shall not use the information for any other purpose unless that agency believes, on reasonable grounds -
(a) That the source of the information is a publicly available publication; or
(b) That the use of the information for that other purpose is authorised by the individual concerned; or you didn't authorise definitely nothing was authorised
(c) That non-compliance is necessary -
(I) To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
(ii) For the enforcement of a law imposing a pecuniary penalty; or
(iii) For the protection of the public revenue; or
(iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
(d) That the use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to -
(I) Public health or public safety; or
(ii) The life or health of the individual concerned or another individual; or
(e) That the purpose for which the information is used is directly related to the purpose in connection with which the information was obtained; or
(f) That the information -
(I) Is used in a form in which the individual concerned is not identified; or
(ii) Is used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or
(g) That the use of the information is in accordance with an authority granted under section 54 of this Act.
PRINCIPLE 11
Limits on disclosure of personal information
An agency that holds personal information shall not disclose the information to a person or body or agency unless the agency believes, on reasonable grounds -
(a) That the disclosure of the information is one of the purposes in connection with which the information was obtained or is directly related to the purposes in connection with which the information was obtained; or
(b) That the source of the information is a publicly available publication; or
(c) That the disclosure is to the individual concerned; or
(d) That the disclosure is authorised by the individual concerned; or
(e) That non-compliance is necessary -
(I) To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
(ii) For the enforcement of a law imposing a pecuniary penalty; or
(iii) For the protection of the public revenue; or
(iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
(f) That the disclosure of the information is necessary to prevent or lessen a serious and imminent threat to:
(I) Public health or public safety; or
(ii) The life or health of the individual concerned or another individual; or
(g) That the disclosure of the information is necessary to facilitate the sale or other disposition of a business as a going concern; or
(h) That the information -
(I) Is to be used in a form in which the individual concerned is not identified; or
(ii) Is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or
(I) That the disclosure of the information is in accordance with an authority granted under section 54 of this Act.
PRINCIPLE 12
Unique identifiers
(1) An agency shall not assign a unique identifier to an individual unless the assignment of that identifier is necessary to enable the agency to carry out any one or more of its functions efficiently.
(2) An agency shall not assign to an individual a unique identifier that, to that agency's knowledge, has been assigned to that individual by another agency, unless those 2 agencies are associated persons within the meaning of section OD7 of the Income Tax Act 1994.
(3) An agency that assigns unique identifiers to individuals shall take all reasonable steps to ensure that unique identifiers are assigned only to individuals whose identity is clearly established.
(4) An agency shall not require an individual to disclose any unique identifier assigned to that individual unless the disclosure is for one of the purposes in connection with which that unique identifier was assigned for a purpose that is directly related to one of those purposes
Pete if your lawyers do pursue it please have them do so at the highest level they can please have ask for all my emails around this time to be forensically checked as to who was across them without my knowledge yes this can be done
We might catch some more flies stuck in the honey and could have charged across the same misdemeanors
they do this all the time you need to alert any staff that come under your orbit with complaints requiring union involvement that is going on
The same checks could be done regarding any emails between yourself and your telecom clients the union needs to check as you would not like that
Ever wondered why the never seemed that concerned and never answered any of our questions they where one step ahead all the time
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
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