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New Zealand: Tribunal issues judgment in ADHB case, confirms requirements for proving interference with privacy

The Human Rights Review Tribunal issued, on 20 January 2021, its judgment in Ruddelle v Auckland District Health Board [2021] NZHRRT 5. In particular, the judgment addresses whether the Auckland District Health Board ('ADHB') had interfered with the plaintiff's privacy when one of its employees disclosed information regarding the existence of a complaint made to the Health and Disability Commissioner. In this regard, the Tribunal found that the disclosure of this information did amount to a breach of Information Privacy Principles ('IPP') 10 and 11 of the Privacy Act 1993 ('the Act'), however noted that in order for there to have been an interference with privacy, the IPP breaches must have a causal connection to at least one of the harms outlined in Section 66(1)(b) of the Act. As such, the Tribunal found that although the plaintiff had suffered, there had been no interference with privacy, and therefore dismissed the claim.

You can read the judgment here.