Crown refusal to give Dotcom information on him had 'no proper basis' Human Rights Review Tribunal rules

The Crown declining Kim Dotcom's request to see all personal information about him held by ministers, the Crown and Government agencies had had "no proper basis" to be declined. Photo / Facebook

Kim Dotcom's request to see all personal information about him held by ministers, the Crown and Government agencies, which was originally refused, had "no proper basis" to be declined according to a Human Rights Review Tribunal decision.

The founder of Megaupload was awarded a declaration on Monday that his privacy was interfered with, all agencies including the Crown and ministers had to comply with Dotcom's request for information, as well as damages of $90,000.

In July 2015 Dotcom sent an information privacy request to all 28 Ministers of the
Crown and nearly every government agency.

The 52 requests sent were in near identical terms and requested all personal information held about Kim Dotcom including information held under his previous names.

"The requests advised that because the information was required for 'pending legal action', urgency was sought."

On August 5, 2015 the Solicitor-General provided a response on behalf of the Attorney-General in which the requests were declined on the stated ground that, in terms of the Privacy Act 1993 (PA), s 29 (1) (j) the requests were vexatious and included information which was trivial.

The Solicitor-General also advised that insufficient reasons for urgency had been provided.

In a letter sent by the Solicitor-General to the Privacy Commissioner it was noted the requests "were not genuine Privacy Act requests but rather a litigation tactic and a fishing expedition" and had "an ulterior motive", namely to disrupt litigation and in particular, the extradition hearing.

However, the Humans Rights Review Tribunal said "in this decision we explain our reasons for finding the transfers were not permitted by the Privacy Act and that in any event, there was no proper basis for the decline decision".

From the evidence provided the Tribunal said "there was no ulterior purpose to the timing of the requests and that he simply wanted to receive the requested information so that if relevant, it could be used in the extradition proceedings and in other litigation".

"We are satisfied by his evidence that the requests were genuine and based on an honest belief that in the unique circumstances of a truly exceptional case, the July 2015 Privacy Act requests were necessary to ascertain what personal information about him was held by government agencies in New Zealand."

Dotcom sought a declaration of interference with his privacy as well as an order directing the Crown to "remedy that interference by providing access to the requested personal information".

He also sought damages for loss of benefit, loss of dignity and injury to his feelings.

The tribunal awarded the declaration, that all agencies including the Crown and ministers had to comply with Dotcom's request for information, as well as damages of $90,000 awarded against the Attorney General.

Dotcom is battling extradition to the US to stand trial for alleged copyright breaches over his former website Megaupload.

In December, Dotcom filed a claim against the New Zealand and US Governments for pursuing and maintaining an erroneous arrest warrant and misleading the New Zealand court which granted it.

In an FBI-ordered raid, police used the anti-terrorist Special Tactics Group in a helicopter assault on his Coatesville mansion in 2012.