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•Privacy Commissioner
Te Mana Matapono Matatapu
4 May 2010
Paul Evans-McLeod
17 Minnie Place
Pukete
HAMILTON 3200
Dear Mr Evans-McLeod
Privacy Act Complaint: Paul Evans-McLeod and Telecom New Zealand Limited (Our Ref: C122243)
Thank you for your letter of 20 April 2010 and our phone conversation of 27 April 2010 in which you complained about the actions of Telecom New Zealand Limited (“Telecom”).
I understand that during the course of an ongoing employment dispute between you and your former employer, Telecom, you became aware of the fact that Telecom management had been reading personal emails which you had to friends and family from work.
You have also advised that you have made a request for information from Telecom and have provided us with a copy of this request. I understand that you initially sent the request to Trish Keith, Bridgette DaIzell, Michele Young, and Shaun Hoult, although it is not clear when this request was initially sent.
I understand that as you had not received a response to this initial request, you then sent a copy to Tanya Bowers on 6 March 2010. I understand that you then contacted Ms Bowers directly for an update, and were advised that the matter was being dealt with by someone in the HR department. You have advised that as of 16 April 2010 you have still not received a response to this request.
You have asked us to review the decision of Telecom to refuse you access to this information.
This aspect of your complaint raises issues under principle 6 of the Privacy Act. I enclose a copy of this principle for your information. However, please note that under principle 6, while you are entitled to request a copy of any personal information which an agency holds about you, there is no entitlement to require an agency provide you with answers to questions which would essentially require that the agency creates new information.
Your concerns regarding the fact that Telecom appears to have read your personal emails may also raise issues under principles I - 4 of the Privacy Act which deal with the collection of personal information.
C/22243/A2241 59
Investigating
These principles specify what personal information can be collected by an agency and why, who information can be collected from, what an individual should be told when their information is collected, and how information should be collected.
I enclose a copy of these principles for your information.
In order for us to form the opinion that there has been an interference with your privacy, we
would have to be satisfied that:
• There has been a breach of a privacy principle; and
• The breach has caused you some form of adverse consequence as set out in section 66(1)(b) of the Act. I enclose a summary for your information.
It would assist me if you would let me know:
• What adverse consequences you have suffered as a result of the actions of Telecom, particularly in relation to the personal information which Telecom collected from your emails; and
• Further detail as to what you think would be a suitable resolution of your complaint.
Telecom has been told of your complaint and asked to provide comments to us as soon as possible. Once we receive a response, we will be in a better position to assess your complaint. We will then be in contact with youto discuss your complaint further.
Yours~sincerely
(Auckland)
End: Principles 1 —4 and 6, summary of section 66(1)(b)
Current telecom participants
Bridgette Dalzell current head of outsourced customer care at telecom New Zealand whom is Michelle Young's direct report at time of incident
Michelle Young call center manager Hamilton call center, whom is Shaun Hoults direct report at time of incidents
Shaun Hoult team manager weekend team Sat-Tues Hamilton
Iain Galloway HR representative spends a lot of time in Hamilton
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