VIC Can an Individual Beach Privacy Laws?

[beanie]

I recently hired a tax accountant - there were two accountants involved and it is a small business. Their services was shocking, things got a little out of control. Anyhow, I posted a negative review online - I tried to keep it as factual as I could, listing only events that happened and my comments were indicated as my opinions. There were not harsh words used like 'he was crap' etc. I did mention that the owner got very defensive when I critique the other accountant and later he told me that accountant was his son (which really isn't much of a surprise as both their names were on their website sharing the same surname).

Anyhow, they are now saying I breached privacy laws cause I wrote on a public forum sensitive information. Well, naturally I did not write about the details of my tax affairs - that's my sensitive information. Not quite sure what he's referring to. I suppose he's waving the 'privacy law' at me cause his solicitors' probably advice. There are no defamation here.

I'm a little surprise though. Privacy law is usually only for individual against organisations, not the other way round. I read the information on the Office of Australian Information Commissioner - guardian of privacy act. It states.

Who doesn't have responsibilities under the Privacy Act?
The Privacy Act does not cover:
....

• individuals acting in their own capacity, including your neighbours

.....


So I've pretty confident this is a no deal. Having said that I'm hoping someone here can give me a more definitive answer. Thank you.

He's threatening to sue me if I don't take this down by 5pm today, so my ass is kinda on fire here. Urgent help please!

 

[Tim W]

Threatening to sue you?
If you are so sure you are in the right,
have you considered replying with "Well, go on then!"

Otherwise, take the review down, and get on with your life.

 

[beanie]

Hi Tim, Thanks for your reply. First, I did confirm with the OAIC, you cannot take an individual to court over the privacy act. But, yes, thanks I did ask him to try and sue me with something he can't.

 

[Tim W]

It won't be privacy, but it might be defamation.
Be a grown up, and take review down.

 

[beanie]

Why do you assume I'm the one not acting like a grown up? I appreciate you trying to help, but can you please not use such condescending language. Thank you.

 

[sammy01]

So you said in your first post that 'there is no defamation here" that is your opinion... Maybe there is...Maybe there isn't... How would we know??? why not attach a link to the website you wrote on and then the good folk here can have a more precise picture.

So lets assume what you have done is against the law and you could be liable. why not take it down so you don't wind up in hot water?
OR
So lets assume that what you have done is within the law and you are not liable. GREAT leave the review there... Do you wanna take the risk? given he has threatened to sue and as you have so elloqeuntly explained it - your 'ass is on fire' why not pull the post? cheaper and easier than solicitors and surgery on your burnt ass?

I reckon Tim was right - grow up. OR dont... And if he sues your ass deal with it.

 

[beanie]

Hi sammy thank you for your reply. I cannot post the review here because (1) it will risk having me expose the review to a 2nd public forum and (2) I will aso risk exposing my full name and private details to this public forum because the review was posted a site where full names are required. I hope you will consider the privacy and safety of forum members before you make such suggestions in future.

i have made my decision on how to move forward, though for now I am choosing not to share here. If anyone else have opinions or feedback, I appreciate if you keep any negative ones to yourself, including condescending ones and any implications of negativity.

 

[Rob Legat - SBPL]

The Privacy Act definitely does not apply, but that's been figured out already.

The more relevant question to the review is: is it fair and accurate? The ability to publish your review without any editorial input is a powerful tool - and a dangerous one. Anyone reading it will not have any more information than you've shared, and won't have the context of the situation. Your negative review may be very damaging to their business; directly or by contribution.

If what you've said in your review is fair and accurate, then so be it. Businesses who give bad service need to be aware that word will get out. The old saying that happy customers tell one other person, but unhappy customers tell 10, is much more relevant in the social media age. However, have you considered everything? Are you being reasonable in your consideration? If you're unsure in either of these (or simply because it's good practice to do it) then get someone who who trust, and who has a level head, to listen the facts of what happened and then read the review. If they don't think it's a fair and accurate review, take it down.