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Privacy

CSA's obligations to protect personal data and confidential information

The CSA has provided myself, and I presume has provided my ex, with a folio of information relating to a COA and Objection process. I have an application before the AAT.

My personal and confidential information provided includes:

- bank statements with account and address details redacted, but otherwise includes all my transactions including identification of accountants, lawyers, advisers, etc.
- identification of my accountant contact details
- Tax returns, not just the Notice of Assessment but the whole detailed return.

I did not provide the above data to the CSA. These are the artifacts that the CSA has gathered in their investigations.

Although I consider the above information to be personal and confidential; and that the release of this information to my ex to cause serious harm to myself; has the CSA breached their privacy obligations by providing this particular information to my ex?

Under The Privacy Act 1988, is the information above consider personal data?

Is the release of my data an "eligible data breach" under the Privacy Amendment (Notifiable Data Breaches) Act 2016? 

A person who can't pay gets another person who can't pay to guarantee that he can pay. Like a person with two wooden legs getting another person with two wooden legs to guarantee that he has got two natural legs. It don't make either of them able to do a walking-match. Charles Dickens
The supply of the information to the AAT is an 'authorised purpose' under the AAT Act (1975). Under section 37, the decision maker, i.e. CSA, is required to "lodge with the tribunal… (b) subject to any directions given under section 18B, every other document that is in the person's possession or under the person's control and is relevant to the review of the decision by the Tribunal."

Subsection 1AE then states that the decision maker is then required to provide all the documents they have sent to the AAT to the 'other parties', meaning both you and your ex.

As this is required under the Act, there is no privacy breach even though your personal data has been shared with both the AAT and the other party. You may have an argument that a breach has occurred if they provided something to the AAT that was not relevent to the COA or objection, i.e. the names of the accountant or lawyers. The tax returns might be a harder to argue depending on the COA reason used. For instance, if COA was a reason 8 decision looking at incomes, then information relating to your deductions, offsets, etc would likely be seen to be relevent.
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