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Privacy Commissioner
Te Mana Matapono Matatapu




Investigation of Complaints under The Privacy Act

Many privacy complaints can be solved without a formal investigation.

The best people to sort out a dispute are the people themselves (“the parties”). The Office of the Privacy Commissioner encourages people to try to resolve matters themselves before coming to the Office.

An early informal resolution can save time, stress and money.

Conciliation

The Office may suggest that the complaint could be resolved by the parties meeting to discuss a resolution. Our staff may be able to assist.

What Happens During an Investigation

If the parties have not managed to resolve the complaint themselves, the Office may investigate it. An investigation involves gathering the relevant facts from the parties and, if necessary, other people too.

First, the complaint is assessed to see whether a full investigation is necessary. If an investigation is needed, the complaint is assigned to an Investigating Officer. this has obviously been done

The investigation is done by letter or by telephone, and in some cases, we may meet directly with the parties.

Parties need to provide the Office with copies of all relevant documents and information. The earlier this is done, the quicker the investigation process will be. The Office will assist where we can by asking questions and requesting particular information.

this is in the process of being done

Throughout the investigation, the Office makes sure that all parties know what is going on, and that they have a chance to comment. This means an investigation may take some time. However, many complaints are settled during the course of an investigation. The Office actively encourages parties to settle disputes.

Discontinuance

There are situations in which a complete investigation is not necessary or appropriate. In these circumstances, we may decide to discontinue the investigation. A complainant is given a chance to comment before this is done.

When the Investigation is Finished

If the complaint is not settled, or the investigation discontinued, we will form an opinion on how the law applies to the complaint. This may be the final word on the complaint.

If the parties cannot settle the complaint, then the matter can go to the Human Rights Review Tribunal. We will advise parties of their rights at that stage.
Human Rights Review Tribunal

The Tribunal makes a legal decision on the application of the Act to the complaint. It can also make various types of orders, including payment of compensation. The Tribunal hears the complaint afresh. It is not bound by the Privacy Commissioner’s complaint outcome.

Common Misconceptions About the Privacy Commissioner’s Role “The Commissioner has to investigate my complaint”

No. Sometimes we may decide not to investigate a complaint, or will not investigate it fully. For example, this might be because:

• The complaint does not involve a potential breach of one of the privacy principles;
• The incident happened too long ago;
• The complaint relates to personal, family or domestic affairs;
• There is a better way of dealing with the matter;
• There is an internal complaints procedure which needs to be followed first;
• The complaint is about a breach of someone else’s privacy, and does not raise wider privacy concerns;
• Further investigation is unnecessary or inappropriate.

“The Commissioner is on my side”

No. We aim to provide an impartial view of the complaint. The Office is independent of Government.

“The Commissioner can order the agency to pay money”

No. We cannot make the parties settle, or settle on particular terms. We cannot make orders for payment of money. We cannot make an agency give a complainant particular information. Our opinion though, is an important indication of whether there has been a breach of the Privacy Act.

“The Commissioner should fine or prosecute the agency”

No. We cannot fine or prosecute anyone. The Privacy Act aims to settle privacy disputes and educate people on how to comply with the Act.

“1 hávè ~thë hght to seeeverything on the fife”

No. We have to maintain secrecy in handling complaints. This is so that matters can be freely investigated and so that people are willing to co-operate freely and frankly.



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