On 19 April Federal Privacy Commissioner Malcom Crompton decided on four
representative complaints (sometimes known as ‘class actions’) against the
tenant database practices of TICA Default Tenancy
Control Pty Ltd, which in effect runs a ‘blacklist’.
The complaints were lodged by the Tenants Union of Queensland,
supported by Tenants Union of NSW and assisted by tenancy and privacy
a number of this Centre's associates.
Commissioner Crompton found 13 breaches of the Privacy Act, and made extensive
orders against TICA.
Visiting Fellow Chris Connolly was involved as a principal legal adviser
in this, the first representative complaint to the Australian
Privacy Commissioner, resulting
Determinations against a private sector organisation.
Determination No. 1 of 2004 - PDF (amount
charged for access to personal information is excessive)
Determination No. 2 of 2004 - PDF (personal
information not sufficiently accurate, complete or up-to-date)
Determination No. 3 of 2004 - PDF (listing
time frames used by TICA are 'excessive and unjustified')
Determination No. 4 of 2004 - PDF (collection
is unnecessary for the
functions and activities of TICA)
Media Release from the Federal Privacy Commissioner, ‘Tenancy database
operator breaches the Privacy Act,’ www.privacy.gov.au/news/media/04_07.html
Media Release from Queensland
Tenants Union, with list of breaches.
Interview with Chris Connolly, director of
Financial Services Consumer Policy Centre and former Cyberlaw Centre co-director. http://afr.com/premium/articles/2004/04/18/1082226634559.html
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