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Collapse Issue 185 - 25 Feb 2008Issue 185 - 25 Feb 2008
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Council should note tribunal decisions

Central Coast Express Advocate, (February 13) reported that Wamberal ratepayer, Mrs Pauline Coleman, asked Gosford Council for the name and address of her next door neighbor so she could discuss the replacement of their dilapidated dividing fence.

The article states that Gosford Council has decreed that its property register is private and council could not and would not provide the information.

Gosford Council has repeatedly made available to commercial businesses the personal information on its property register and caused their advertising material to be printed and posted into the private homes of 70,000 ratepayers without their consent and at council's expense.

The Administrative Decisions Tribunal advised council its conduct was not correct and could be a breach of Section 17 of the Privacy and Personal Information Protection Act.

However, in the case of Mrs Coleman's request, the Privacy Code of Practice for Local Government relevantly provides that: "Council may use personal information for a purpose other than the purpose for which it was created in the following circumstances: (I) Where the use is in pursuance of council's lawful and proper functions and council is satisfied that the personal information is reasonably necessary for the exercise of such functions."

Gosford Council may lawfully provide Ms Coleman with the information she requires and its failure to do so may have already compromised her security, safety and wellbeing.

Council would do well to pay attention to the direction of the Administrative Decisions Tribunal before using personal information on its property register to benefit private commercial advertisers.


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