PCPD - 2002-2003 Annual Report

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2002-2003 Annual Report_10

Operations

Complaint Investigations

At the beginning of the reporting year, 157 complaints were being processed. Together with the 906 new complaints received, the PCPD handled a total of 1,063 complaints during the reporting period. Of these, 359 cases (34%) were declined for further action after preliminary consideration on the basis that 351 of them were found to have no prima facie case to support allegations of breaches of the PD(P)O. A further 4 cases were outside the Privacy Commissioner's jurisdiction and another 4 cases were anonymous complaints. The remaining 704 cases (66%) were screened-in for further consideration. Of these, 501 cases (71%) were resolved during the reporting year and the remaining 203 cases (29%) continued to be handled on 31 March 2003. (Figure 9)

Figure 9 - Summary of complaints processed in 2002-03

1996-97 1997-98 1998-99 1999-00 2000-01 2001-02 2002-03

Complaints carried forward - 19 51 52 94 146 157

Complaints received 52 253 418 568 789 888 906

Total complaints processed 52 272 469 620 883 1,034 1,063

Complaints screened-out 7 67 111 223 352 394 359

Complaints screened-in 45 205 358 397 531 640 704

Completed 26 154 306 303 385 483 501

In process 19 51 52 94 146 157 203

Of the 501 cases completed during the reporting period, 121 (24%) cases were resolved through mediation, 52 (11%) cases were resolved after formal investigations, 107 (21%) cases were found to be unsubstantiated as a result of preliminary enquiries and 202 (40%) cases were withdrawn by the complainants during preliminary enquiries. The remaining 19 (4%) cases involved complaints which the complainants had also reported to other authorities to follow up. (Figure 10)

[Image of (Figure 10)]

Of the 52 formal investigations completed during the reporting period, the PCPD found contravention of the requirements of the PD(P)O in 30 (58%) cases. In 14 (27%) cases, there was no contravention found or contravention was not established due to lack of sufficient evidence. Eight cases were discontinued, six of which were requested by the complainant and in the remaining two cases the complainants were unable to be traced during the course of the investigation. (Figure 11)

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Of the 30 cases where the requirements of the PD(P)O were found to have been contravened, 20 cases involved contravention of one or more of the data protection principles. The remaining 10 cases involved contravention of the requirements of the main body of the PD(P)O relating to compliance with data access requests.
(Figure 12)

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In the 121 cases resolved through mediation, the PCPD provided advice and recommendations to 37 organizations on their practices and procedures in order to assist them in complying with the data protection principles.

In the 30 cases in which requirements of the PD(P)O were found to have been contravened, the PCPD issued 19 warning notices to the organizations concerned requiring written undertakings to implement measures to remedy the contravention. In most of these cases, the organizations gave the undertakings sought, and given such undertakings, enforcement action through the issue of an enforcement notice was not deemed to be necessary.

In 3 cases, enforcement notices were served on the parties complained against to direct them to take remedial actions to prevent their continued or repeated contravention of the PD(P)O.
(Figure 13)

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