In ‘D’ and Wentworthville Leagues Club [2011] AICmr 9 the Australian Privacy Commissioner determined that the Club interfered with the complainant’s privacy by disclosing the complainant’s membership details and gaming information to the complainant’s ex-partner.

The Club was ordered to apologise in writing to the complainant, review its training of staff in the handling of personal information and legal requests for personal information including court subpoenas and pay the complainant $7500 for non-economic loss caused by the interference with the complainant’s privacy.

The Club received a letter from the complainant’s ex-partner which attached a copy of a subpoena issued by the Federal Magistrates Court in family law proceedings involving the complainant and their ex-partner. The subpoena required the Club to provide gambling records to the Court. But instead an employee provided computer printouts of information about the complainant to the ex-partner at the Club. The documents were a printout of the complainant’s full membership details and their bonus point activity statements for the periods July–August 2002 and January–June 2003. The statements showed the complainant’s total turnover and winnings and the complainant’s then balance on their account with the Club.

The Privacy Commissioner determined that the Club is an ‘organisation’ for the purposes of the Privacy Act and is therefore obliged to comply with the National Privacy Principles. The disclosure was not authorised by law as the documents were not provided to the court as the subpoena required.

The Privacy Commissioner accepted that the disclosure contributed to serious anxiety, panic attacks and physical symptoms of the complainant but rejected claims for economic loss and punitive and aggravated damages.