7 February 2017
Mr David Lawson
By FYI.org website:
Dear Mr Lawson
Request of 20 December 2016
We write further to your request for information, made 20 December 2016.
It is correct that Office of the Privacy Commissioner’s case note of 2012 only referenced
section 2(b)(vi i ) and commentary regarding judicial functions.
Previously DRSL/FairWay was of the view that section 2(b)(xi ) could also apply. There is no
legal opinion regarding this point.
Given developments over time and after further consideration we are of the view that it
would not be appropriate to rely on this section. We therefore shortly intend to update the
manual accordingly to remove this reference, as part of a more general update. The
updated manual wil be published on FairWay’s website.
We confirm the commentary as set out in the Privacy Commissioner’s case note stil applies,
and we wil follow this, as well as the opinion of the Ombudsman.
You may contact the Office of the Ombudsman in relation to this response.
Yours sincerely
Rhys West
Acting Chief Executive