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TAS Distribution of Private Email - Breach of Privacy?

Discussion in 'Other/General Law Forum' started by Reggie, 7 August 2015.

  1. Reggie

    Reggie Member

    23 May 2015
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    I recently sent an email to all of my local Councillors and Mayor. The mayor had drafted a reply to me, but hadn't yet sent it. Somehow, his reply to me has ended up in the hands of all the other Councillors. One of these Councillors has then read aloud both my original email and the mayor's reply to me (which I had not yet received from him) at a public meeting without either my knowledge or consent.

    Is this legal? Breach of privacy? What are my options to deal with this?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Reggie,

    Privacy obligations only apply to certain companies and organisations over a certain size and apply only to what is considered "personal information" under the act. Local councils and governments are not organisations to which the APPs apply.

    I think the issue here more is the potential confidential nature of the email that you sent and whether or not you intended for others to read that email. Confidentiality obligations however only arise where the recipient of information is given warning that the information is confidential.

    Did you say anything in your email to the effect that it was not to be disclosed to other people or that it was confidential?
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    Ian Curtis likes this.
  3. Ian Curtis

    Ian Curtis Well-Known Member

    7 December 2016
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    Is there an Act I could look up to confirm this? Commonwealth or State (NSW)?

    Do I understand you correctly that I can forward on an email sent to me to whoever I like if confidentiality was not mentioned in it?

    My sibling sent me an email accidentally claiming to have viewing access to my bank savings account. I never gave such consent. I would like to forward it to the bank for investigation.
  4. Rod

    Rod Well-Known Member

    27 May 2014
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    Depends on the context, but generally yes.

    And yes, you could send your brother's email to the bank.

    Laws mainly tell you what you can't do, not what you can do.
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    #4 Rod, 20 February 2017
    Last edited: 20 February 2017

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