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This investigation was initiated as a result of a complaint concerning a District Health Council (the Council).
The complainant was the Executive Director of the Council from 1989 until October 1993. In October 1993, the complainant left this position for a secondment with the Ministry of Health (the Ministry). The complainant maintained that, before she took up the new position with the Ministry, numerous disclosures of her personal information were made by the Council to the Ministry; to a local newspaper; to Members of a Council committee; and to the public. These disclosures were related to her employment at the Council and her performance as Executive Director, and included information that she had allegedly been terminated and had been given a number of alternatives, one of which was the secondment at the Ministry.
She also complained that there had been a disclosure by the Council's acting Chair to the Ministry that she was seeking access to information under the Freedom of Information and Protection of Privacy Act (the Act).
The complainant stated that these disclosures were contrary to section 42 of the Act.
Issues Arising from the Investigation
The following issues were identified as arising from the investigation:
(A) Was the information in question "personal information", as defined in section 2(1) of the Act? If yes,
(B) Did the Council disclose the complainant's personal information to the Ministry, and if so, was the disclosure in compliance with section 42 of the Act?
(C) Did the Council disclose the complainant's personal information to a local newspaper, and if so, was the disclosure in compliance with section 42 of the Act?
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