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QLD Travel Agent Breached Confidentiality -Should I Accept Compensation?

Discussion in 'Other/General Law Forum' started by cfarrell, 5 November 2015.

  1. cfarrell

    cfarrell Member

    5 November 2015
    Likes Received:
    I placed a booking for flights on hold through a travel agent. One of the staff in the office knew my boss. The member of staff saw the booking and contacted my Boss to ask if they knew I had booked the flights. I hadn't asked for the time off work and had only placed the flight booking on hold until I confirmed the dates. My Boss was not happy and believed I had booked the flights without approval for time off, this lead to a complete break down in trust and eventually I left the company.

    The travel agents have agreed that my confidentiality has been breached and offered me $1,000.

    I have two questions:
    - What area of Law does this breach of confidentiality fall under?
    - What kind of compensation would be normal for a case like this, should I accept $1,000?

    Thanks for your help.
    Louise4007 likes this.
  2. Louise4007

    Louise4007 Well-Known Member

    8 November 2015
    Likes Received:
    Hi cfarrell

    Conduct such as this breaches an individuals' right to privacy of confidential information & is dealt with under the Commonwealth Privacy Act 1988.

    In the 1st instance you should lodge a complaint with the Office of the Australian Information Commissioner, Home - OAIC.

    The Privacy Act 1988 under section 36 (1), allows for an individual to make a written complaint to the Information Commissioner about an act or practice interfering with an individuals' privacy.

    Appropriate assistance must be given in regards to that complaint.

    Section 52 (1) provides that the Commissioner must investigate the complaint & section 52 (b) (iii) stipulates that the Commissioner may make a declaration that the person complaining is entitled to a specified amount of compensation for any loss, damage suffered by reason of the act or conduct that breached the individual's privacy.

    The onus would be on you to prove that you have suffered loss or damage as a result of your privacy having been breached to receive compensation that may be higher or lower than the $1000 that you have been offered already.

    Contact the Office of the Australian Information Commissioner first & then if dissatisfied with the outcome, consult a lawyer to discuss the further legal avenues available: Get Connected with the Right Lawyer for You
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