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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and 202 (40%) cases were withdrawn by the complainants during preliminary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)
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)
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)
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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