ACC privacy breach: Aircraft accident survivor was sent another client’s confidential details

Former flight attendant Fuzzy Maiava suffered permanent injuries when he was twice propelled into the ceiling of an A330 jet after a computer failure sent the plane into uncontrolled nosedives. Photo / Dean Purcell

An aircraft accident survivor says he was appalled to receive confidential messages intended for another ACC client.

Fuzzy Maiava was hurt on Perth-bound Qantas Flight 72 from Singapore in 2008 when it nosedived twice, injuring 119 people on the aircraft.

The Auckland man had post-traumatic stress disorder and two approved claims with ACC for which he received treatment.

Maiava wrote to ACC chief executive Megan Main outlining his shock at a case manager sending him correspondence intended for another client.

An email he was copied in to was addressed to another client, unknown to Maiava, and discussed a medical appointment and psychological therapy for that client.

And another bungle left Maiava stranded without a taxi to attend a crucial medical appointment.

Maiava said the latest incidents added to the significant strain on his health.

He said “ongoing mismanagement by ACC” had set him back considerably.

“My culture, values and beliefs have been disregarded, and ACC’s communication has been not only ineffective but actively harmful.”

He said he also needed a new PIC (permanent injury compensation) assessment.

Fuzzy Maiava spoke earlier this year about the terrifying mid-air plunge in which he was injured. Photo / Dean Purcell

He said he wanted an inquiry into the privacy breach and the way he was treated during a PIC assessment, when he was under stress.

The Herald approached ACC for comment last Friday, asking why Maiava was sent correspondence intended for another client, and how the privacy breach happened.

Michael Frampton, ACC deputy chief executive for service delivery, on Wednesday confirmed an email with another client’s name, email address and claim number was sent to Maiava by mistake.

“We’re deeply sorry this occurred and have apologised to Fuzzy. We’re also in contact with the client whose details were shared.”

Frampton said ACC took privacy seriously and had measures in place to ensure client information was safe.

“This was an unfortunate instance of human error, and we’re looking at what additional steps need to be taken to help prevent this happening again.”

The ACC case manager sent an apology to Maiava on Tuesday, saying sorry for ACC’s failure to arrange taxi travel for the recent assessment and for not offering to reimburse the relevant travel costs.

The privacy breach happened on October 17.

Maiava said he wanted a review to prevent further problems, and an apology from the chief executive.

Otherwise he said Main should resign, because accountability was necessary.

“This situation raises significant questions about the protocols in place to protect sensitive information,” he said in an email to ACC.

“It is entirely unacceptable that a meaningful acknowledgement of my distress is being handled so superficially,” he added.

He told the Herald the handling of his concerns was in his view indicative of a culture lacking accountability and respect for claimants.

“I’m not asking for money. Just a bit of respect. Don’t treat me like a number.”

The claimant whose privacy was breached has been approached for comment.

Maiava was working as a flight attendant when a computer failure caused the Qantas plane to unexpectedly plunge 650 feet, about two-thirds the height of Auckland’s Sky Tower.

He and fellow Kiwi flight attendant Jenaya McKay later launched a class action lawsuit but a US judge in 2014 ruled the ACC scheme prevented Kiwis from suing.

Maiava campaigned for Qantas pilot Kevin Sullivan to be recognised as a hero, crediting Sullivan, First Officer Peter Lipsett and Second Officer Ross Hales for saving 315 lives on board QF72.

ACC earlier this month warned the constrained health system was hampering efforts to get injured people rehabilitated.

The state insurer reported a $7.2 billion deficit in the year to June. It has also developed a “three-year investment plan” to help improve its performance.

Last year, a bizarre ACC error meant another Auckland man seeking compensation for matters related to post-traumatic stress disorder had his mobile number added to a case worker’s email signature.

Roger Allison started getting calls from very confused people.

Allison had been in battles for compensation related to abuse by a Dilworth-linked abuse ring, but last year, the Government stalled on fixing a compensation loophole Allison helped uncover.

The Office of the Privacy Commissioner at the time of that ACC error said any personal information disclosed without the permission of the person it belonged to could be considered a privacy breach.

But the Privacy Commissioner has said people must first contact the agency or business that breached their privacy and try to work it out with them.