Wilson Parking disclosing personal information to third parties.
Ted Ciurlionis made this Official Information request to Privacy Commissioner
The request was successful.
From: Ted Ciurlionis
Dear Privacy Commissioner,
I have made a complaint to the NZTA as detailed below.
As regards your office, can you advise on the legality of Wilson Parking disclosing personal information to a third party.
"I know that Wilson Parking is sanctioned by gazetted regulations to
obtain details of the registered owners of motor vehicles.
But clearly they are not sanctioned to disclose personal
information to a third party, such as a debt collection agency.
This is clearly in breach of the Privacy Act. How are Wilson
Parking able to carry out this unlawful activity with the blessing
of the NZTA.
Their first action in placing an 'infringement notice' on a vehicle
is surely misleading and deceptive conduct, in that the notice is
clearly designed to give the impression it comes from a legally
sanctioned enforcement agency.
I also note under the gazette notice that there are rather strict
conditions imposed on Wilson Parking re staff access to the
database and training and the requirement of an annual report
submitted to NZTA by May 1 each year.
Can you confirm
- the date of the last audit that was done of Wilson Parking to
confirm their compliance
- that annual reports were furnished each year from the time of the
gazetted notice, including the one due 1 May, 2016.
A copy of this correspondence is being forwarded to the office of
the Privacy Commissioner."
Yours faithfully,
Ted Ciurlionis
Yours faithfully,
Ted Ciurlionis
From: Privacy No Reply
Privacy Commissioner
Thank you for your email. We are assessing your enquiry, and will contact
you within three working days.
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to [1][Privacy Commissioner request email]
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Kind regards,
Enquiries Team
Office of the Privacy Commissioner Te Mana Matapono Matatapu
PO Box 10094, The Terrace, Wellington 6143
Level 13, 51-53 Shortland Street, Auckland 1010
T 0800 803 909
E [4][Privacy Commissioner request email]
privacy.org.nz
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References
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From: Enquiries
Privacy Commissioner
Dear Mr Ciurlionis
Thank you for your email.
[1]Principle 11 of the Privacy Act allows agencies to disclose personal
information when it’s directly related to the purpose the information was
collected.
For example, an agency may disclose some personal information to a debt
collection agency if it believes it's necessary to do so to collect a debt
owed to it by the individual in question.
We would recommend that as a first step you raise your concerns with the
Privacy Officer at Wilson Parking (agencies are required to have Privacy
Officers to ensure they meet their obligations to the Act).
If this doesn’t resolve your concerns, you may wish to contact us again to
see if we can assist you. In order to assess the matter, we’d need to see
any relevant correspondence with Wilson Parking about the matter.
I hope this assists you. If you have further questions please contact us
again.
Sincerely
Hayley
Hayley Forrest
Enquiries Officer Wellington
Office of the Privacy Commissioner Te Mana Matapono Matatapu
T +64 0800 803 909
Privacy is about protecting personal information, yours and others. To
find out how, and to stay informed, subscribe to our newsletter or follow
us online.
Caution: If you have received this message in error please notify the
sender immediately and delete this message along with any attachments.
Please treat the contents of this message as private and confidential.
Thank you.
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