Printed from https://fyi.org.nz/request/25064-complaints-about-acc?unfold=1 on November 24, 2024 01:50

Complaints about ACC

Anon made this Official Information request to Privacy Commissioner

The request was refused by Privacy Commissioner.

From: Anon

Dear Privacy Commissioner,

This is a request for information. For each year calendar year since 01/01/2010, the total number of complaints the OPC has:
(1) received about ACC; and
(2) declined to investigate; and
(3) referred to another agency after first consulting with that agency; and
(4) referred to another agency without having consulted with the other agency; and
(5) mediated a settlement; and
(6) investigated to completion and provided an investigation certificate; and
(7) partially investigated but did not complete for what ever reason; and
(8) otherwise fobbed the person's complaint off; and
(9) found there had been a breach of the persons privacy; and
(10) found there had been no breach of the persons privacy.

This is a request for information as to the number of complaints pertaining to ACC's use of "communication plans", which has the effect of hindering claimants ability to communicate effectively with ACC and resulted in breaches to rights under the privacy act.

The number of complaints the OPC has received about ACC engaging in communication plans where emails are not received by the intended recipient, but are re-routed electronically, through the use of interception capabilities by ACC employees.

All case notes and decisions regarding complaints against ACC, specifically ACC's use of broad brushed forms (e.g. ACC6300 or ACC45 or ACC46 forms), to obtain or disclose health records without having
(1) attempted to seek the information from the claimant (rules 2, 3);
(2) providing reasons why it was necessary for ACC to seek records directly from a third party rather than from the claimant (rules 2-4, 8);
(3) notifying the claimant that ACC was going to obtain records or disclose records or who will have access (rules 3, 4, 5, 8, 10, 11)
(4) ensured that the information was relevant to the claim (rule 1, 3, 4, 5, 8);
(5) notified the claimant that ACC had obtained information about the claimant to allow them access and to make corrections (rules 6, 7) and
(6) used and maintained unrelated or unskillfully obtained information in their decision making (rule 1, 4, 5, 8, 9, 10).

I note your website only has 18 cases notes or court decisions ranging from 1994-2015, yet I'm certain there have been 10's if not 100's of complaints about ACC each year. Conspicuousness, there are no notes pertaining to decisions about ACC which came under the Privacy Act 2020. In fact, there are only 12 decisions which come under the Privacy Act 2020, which begs to question whether the OPC is actually doing their legislative duty.

Ta

An

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From: OIA
Privacy Commissioner

Tēnā koe

This is to acknowledge receipt of your official information request which is being processed. We will respond as soon as we can but no later than 26 January 2024.

Office of the Privacy Commissioner Te Mana Mātāpono Matatapu
PO Box 10094, The Terrace, Wellington 6143
T 0800 803 909
E [Privacy Commissioner request email]
privacy.org.nz

Privacy is about protecting personal information, yours and others. To find out how, and to stay informed, subscribe to our newsletter or follow us online. Have a privacy question? AskUs

Caution: If you have received this message in error please notify the sender immediately and delete this message along with any attachments. Please treat the contents of this message as private and confidential. Thank you.

-----Original Message-----
From: Anon <[FOI #25064 email]>
Sent: Thursday, December 7, 2023 11:00 AM
To: OIA <[Privacy Commissioner request email]>
Subject: Official Information request - Complaints about ACC

Dear Privacy Commissioner,

This is a request for information. For each year calendar year since 01/01/2010, the total number of complaints the OPC has:
(1) received about ACC; and
(2) declined to investigate; and
(3) referred to another agency after first consulting with that agency; and
(4) referred to another agency without having consulted with the other agency; and
(5) mediated a settlement; and
(6) investigated to completion and provided an investigation certificate; and
(7) partially investigated but did not complete for what ever reason; and
(8) otherwise fobbed the person's complaint off; and
(9) found there had been a breach of the persons privacy; and
(10) found there had been no breach of the persons privacy.

This is a request for information as to the number of complaints pertaining to ACC's use of "communication plans", which has the effect of hindering claimants ability to communicate effectively with ACC and resulted in breaches to rights under the privacy act.

The number of complaints the OPC has received about ACC engaging in communication plans where emails are not received by the intended recipient, but are re-routed electronically, through the use of interception capabilities by ACC employees.

All case notes and decisions regarding complaints against ACC, specifically ACC's use of broad brushed forms (e.g. ACC6300 or ACC45 or ACC46 forms), to obtain or disclose health records without having
(1) attempted to seek the information from the claimant (rules 2, 3);
(2) providing reasons why it was necessary for ACC to seek records directly from a third party rather than from the claimant (rules 2-4, 8);
(3) notifying the claimant that ACC was going to obtain records or disclose records or who will have access (rules 3, 4, 5, 8, 10, 11)
(4) ensured that the information was relevant to the claim (rule 1, 3, 4, 5, 8);
(5) notified the claimant that ACC had obtained information about the claimant to allow them access and to make corrections (rules 6, 7) and
(6) used and maintained unrelated or unskillfully obtained information in their decision making (rule 1, 4, 5, 8, 9, 10).

I note your website only has 18 cases notes or court decisions ranging from 1994-2015, yet I'm certain there have been 10's if not 100's of complaints about ACC each year. Conspicuousness, there are no notes pertaining to decisions about ACC which came under the Privacy Act 2020. In fact, there are only 12 decisions which come under the Privacy Act 2020, which begs to question whether the OPC is actually doing their legislative duty.

Ta

An

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From: OIA
Privacy Commissioner

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Kia ora,

 

Please find attached the response to your Official Information Act request
of 7 December 2023 on behalf of the Office of the Privacy Commissioner.

 

Ngā mihi,

 

Emily Drummond

Executive Assistant

  

Privacy is about protecting personal information, yours and others. To
find out how, and to stay informed, [1]subscribe to our newsletter
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From: Anon

Dear OIA,

Thank you for the information. Would you please proved the the number of complaints that were received and declined to be investigated during the triage process for each of the years in your response.

Yours sincerely,

An

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From: Anon

Dear OIA,

This is a follow up request from 28 January 2024, where I requested " the number of complaints that were received and declined to be investigated during the triage process for each of the years in your response."

Of those complaints that were received and declined to be investigated during the triage process for each of the years in your response form 26 January 2024:
(1) please state the number of certificates that were issued for those complaints; and
(2) the number of complainants who received notices of their rights to appeal the OPC’s decision at Human Rights Review Tribunal.
(3) the reasons given for declining to investigate and the number of those complaints that were not investigated for that reason.

For (3) above, please specify the legal reason given for not investigating the complaint. [Please refer to sections 73 – 74 of the Privacy Act 2020 or sections 70-71 of the Privacy Act 1993]. If section 74(2) of the PA 2020 (or 71(2) of the PA 1993) applied, please provide the specific reasons given, and the number of complaints that were not investigated for that reason.

Thanks,
An

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From: Anon

Dear OIA,

This is a follow up request from 28 January 2024, where I requested " the number of complaints that were received and declined to be investigated during the triage process for each of the years in your response."

Of those complaints that were received and declined to be investigated during the triage process for each of the years in your response form 26 January 2024:
(1) please state the number of certificates that were issued for those complaints; and
(2) the number of complainants who received notices of their rights to appeal the OPC’s decision at Human Rights Review Tribunal.
(3) the reasons given for declining to investigate and the number of those complaints that were not investigated for that reason.

For (3) above, please specify the legal reason given for not investigating the complaint. [Please refer to sections 73 – 74 of the Privacy Act 2020 or sections 70-71 of the Privacy Act 1993]. If section 74(2) of the PA 2020 (or 71(2) of the PA 1993) applied, please provide the specific reasons given, and the number of complaints that were not investigated for that reason.

Thanks,
An

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From: OIA
Privacy Commissioner

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Tçnâ koe

 

 

Please find attached the Privacy Commissioner’s response to your official
information request.

 

 

 

Aku mihi

 

Sharyn Leonard

Executive Assistant (Legal) | Kaiâwhina Mâtâmua, Taha Ture

 

Office of the Privacy Commissioner  Te Mana Mâtâpono Matatapu
PO Box 10094, The Terrace, Wellington 6143

privacy.org.nz 

 

[1]NZBN 9429041913161

 

Privacy is about protecting personal information, yours and others. To
find out how, and to stay informed, [2]subscribe to our newsletter
or follow us online. [3]Description: Description: Description: Small
facebook icon [4]Description: twitter-bird-blue-on-whiteHave a privacy
question? [5]AskUs

 

Caution: If you have received this message in error please notify the
sender immediately and delete this message along with any attachments. 
Please treat the contents of this message as private and confidential.
Thank you.

 

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