Response of Cessnock Council to complaint of privacy violation

16 May 2014

Dear [omitted in the interests of privacy]

COMPLAINT RE PRIVACY AND CONFIDENTIALITY

I refer to your correspondence dated 30 April 2014 in relation to a number of emails circulating regarding the proposed music festival at Cedar's Mount View. You have raised a number of issues alleging a breach of privacy and confidentiality may have occurred.

Upon review of the subject emails that I have been able to access, I provide the following advice for your information.

1. The initial email group was initiated by a [omitted in the interests of privacy]. [omitted in the interests of privacy] is not an employee or representative of Cessnock City Council, therefore there is no breach on the part of Council.
2. Councillor Troy appears to have both her Council email and private email addresses within the group lists. Council is only able to access and comment on the Council email. The Council emails reviewed demonstrate a statement of opinion by Councillor Troy. They do not appear to represent a breach.
3. If the event organisers were able to access the same email group, Council is unable to establish the source of this list. In the absence of material evidence, Council is unable to determine if a breach has occurred.