Dec 142011
 December 14, 2011  Posted by  Breaches, Non-U.S.

From Langes:

In ‘D’ and Wentworthville Leagues Club [2011] AICmr 9 the Australian Privacy Commissioner determined that the Club interfered with the complainant’s privacy by disclosing the complainant’s membership details and gaming information to the complainant’s ex-partner.

The Club was ordered to apologise in writing to the complainant, review its training of staff in the handling of personal information and legal requests for personal information including court subpoenas and pay the complainant $7500 for non-economic loss caused by the interference with the complainant’s privacy.


The Privacy Commissioner accepted that the disclosure contributed to serious anxiety, panic attacks and physical symptoms of the complainant but rejected claims for economic loss and punitive and aggravated damages.

Read more on Linex Legal (subscription required)

I thought this decision was interesting in light of FAA v. Cooper, which was argued recently in our Supreme Court. Here, the Australian Privacy Commission found that the complainant was entitled to compensation for emotional harm. Now what will our Supreme Court do under our Privacy Act of 1974?

Update: Jared Owens also covers the case and its implications for proposed law in The Australian.

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