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Hi
Can I please ask if anyone is aware of the requirement of confidentiality in regards to dealings with Strata Managers. I recently called and spoke to my strata manager to complain about them, only to come home to find that they had emailed the whole executive committee saying that I had complained! There has also been a follow up email to everyone asking for me to retract my complaint as it unsubstantiated. Surely this is unethical?
If anyone can assist it would be appreciated… I have lodged a formal complaint with the Dept of Fair Trading also…
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Regardless of the strata manager’s motives, it is probably a good thing that the EC is aware that an owner is dissatisfied with the some aspect of the strata manager’s performance. I would discuss the matter directly with the EC. Face to face discussions are best if possible.
The SM obviously has something to hide having to rally the EC like that, so wrong and so not ethical.
Your dealings/communication are not confidential unless you specifically state they are, same as in any other circumstance.
That said, the manager’s actions asking for retraction are a bit silly – better to deal with the actual complaint.
The thing is, you aren’t the strata manager’s client, the Owners Corporation is. It is sometimes a fuzzy distinction but the strata manager is contracted to and acts on behalf of the OC. Any communications he receives, he receives in that capacity, i.e. as agent for the OC.
As I said previously, if you want a communication with the manager (or anyone else) to remain confidential, then you should clearly indicate that, for example by heading an email “confidential” and in the text stating that it is not to be circulated to anyone else. There is no such thing as “automatic confidentiality”, and even if you take the steps I mention you can’t guarantee that confidentiality will be maintained unless the other party agrees to it.
In terms of other information the manager might have, it depends on what it is, for example personal information is covered by legislation such as the Privacy Act and the manager is bound by that. A Code of Conduct is not really worth much of itself, if the manager is actually bound by one.
The manager’s use of the word “entitled” is questionable, that word is bandied about a bit too much these days. I wouldn’t say he was entitled, but he hasn’t done anything wrong in the strictest sense.
However – he sounds like a prat, the real issue is that you have a complaint about him, he didn’t like it, so he went running to the EC because he wants it retracted, rather than deal with the actual issue. The person who is looking like a fool is him.
Everyone is protected under the Privacy Act, sensitive information includes your name, if you are concerned there has been a reputation damage I would be lodging a complaint https://www.oaic.gov.au/privacy/making-a-privacy-complaint
@OverIt said:
Everyone is protected under the Privacy Act, sensitive information includes your name, if you are concerned there has been a reputation damage I would be lodging a complaint https://www.oaic.gov.au/privacy/making-a-privacy-complaintI beg to differ. There is no constitutional right to privacy under Australian law although there are specific legal restraints on, for instance, recording people’s conversations without their knowledge or passing on their email addresses to others.
The Privacy act alluded to basically only applies to government handling of your information plus organisations that have agreed to a set of privacy protocols. This is what the website you have quoted says:
The Privacy Act does not regulate the way that personal information is handled by individuals and some small businesses. Additionally, different privacy regimes exist in some states and territories, which regulate the way state and territory government agencies handle information.
And this is what the NSW Information and Privacy Commission website says:
The Government Information (Public Access) Act 2009 (GIPA Act) applies to NSW government agencies. It does not directly apply to organisations in the private sector…
ALSO
Private sector organisations are not covered by the NSW Privacy and Personal Information Protection Act 1998 (PPIP Act),…
ScotlandX is absolutely right. By writing to the strata manager you are effectively writing to the Owners Corporation and its members – ie, all owners – are entitled to know what you are saying. It’s like writing to your bank manager and thinking they won’t pass it on to head office.
That’s not to say the Strata Manager couldn’t have handled this better but when it comes down to it, they have a duty to report to the EC any correspondence to them regarding the strata scheme.
As I said, there are certain areas that are covered by specific legislation – like health records, tax files and email addresses – but general correspondence is not.
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All information should be generally available on the strata records. That way all owners or potential owners know what is going on in the building.
However the manner in which your complaint has been dealt with seems very unprofessional. The manager should have addressed it directly then tabled the email or letter as correspondence at the next EC meeting. They should not used the EC to lampoon you and publicly harangue you into retracting it.
I think there has been quite detailed discussion re privacy before, but just to clarify in relation to what Jimmy said here:
The Privacy act alluded to basically only applies to government handling of your information plus organisations that have agreed to a set of privacy protocols.The Privacy Act applies to private sector organisations/businesses with a turnover of $3million or more, it is not limited to Government agencies. It may also apply to an operation with a turnover of less than $3million in specific circumstances.
Refer here:
https://www.oaic.gov.au/privacy/privacy-topics/business-and-small-business/small-business
In many cases strata managers are bound by the Privacy Act and must comply with its requirements.
Your name is not personal information of itself. Refer here:
https://www.oaic.gov.au/privacy/what-is-covered-by-privacy
I would have thought that the strata manager advising the committee of a complaint against them was not trying to cover up anything as suggested in comments below but rather being fully transparent.
If they were trying to cover something up they would have tried to “sweep it under the carpet” and not told anyone.