Archive | March, 2017

No need for Centrelink to prove your comments are adverse: they only need to think so before exposing you to media.

1 Mar

 

Information Privacy on computer keyboard background

Further to yesterday’s post on the release to Fairfax media of private information by Human Services Minister Alan Tudge, the minister has justified his decision to take this action on the grounds that he is entitled by law to reveal personal details if the individual has made complaints in the media Centrelink considers false.

In other words, if you complain in the media about Centrelink, your private information can be released by that department in its own defence.

The Office of the Australian Information Commissioner’s Use or disclosure of personal information regulations address this situation thus:

6.22 Examples of where an individual may reasonably expect their personal information to be used or disclosed for a secondary purpose include where:

the individual makes adverse comments in the media about the way an APP [Australian Privacy Principles] entity has treated them. In these circumstances, it may be reasonable to expect that the entity may respond publicly to these comments in a way that reveals personal information specifically relevant to the issues that the individual has raised[8]

The APPs and the APP guidelines apply from 12 March 2014 and cover both Australian Government agencies and organisations covered by the Privacy Act. 

I would argue that it is never reasonable to expect that Centrelink will divulge your personal information to the media under any circumstances, and 6.22 needs to be scrapped. The paragraph makes no reference as to whether or not your adverse comments are justified. You only need to make comments Centrelink considers adverse for them to reveal your private information to the media. 

Criticism of a government agency can see you stripped of all privacy. Think about that.

This should make anyone who entrusts Centrelink and other government agencies with private information, very nervous.

At the same time, if you need Centrelink assistance you have no choice but to give them all the private information they require. This is a lose-lose situation for citizens, and it is entirely unacceptable.

Andie Fox, the subject of Tudge’s vengeful action, is a middle class professional woman, like millions of others who claim Family Tax Benefit, and the millions of older Australians who claim part pensions. Tudge, in this instance, has not gone after his stereotypical welfare recipient. So don’t feel you are safe in your demographic, because you aren’t. Should you get Centrelink offside, your private information can be given to the media whether your complaints are justified or not, without any consultation or warning.

There is a website titled “Not my debt” where you’ll find page after page of adverse commentary on Centrelink. There are thousands of critical tweets. There are hundreds of articles in mainstream media and the blogosphere dedicated to adverse commentary on Centrelink. Yet Alan Tudge went after one woman.

If you think your privacy is safe with government agencies as long as you keep your mouth shut, think about what kind of country you’re living in, and what kind of person you’re becoming because of it.

Centrelink is an apolitical body. An individual’s private information held by the agency must not employed as a silencing tool by the government of the day.