Information Commissioner updates Guideline 3
The NSW Information Commissioner has updated Guideline 3: For Local government - personal information in development applications following consultations with the NSW Privacy Commissioner and peak bodies for the local government sector.
The guideline provides guidance to local councils about publishing development applications (DAs) and associated information on their websites, which contain personal information that is submitted to councils as part of the DA process. The guideline deals only with personal information, and the publication of that information on council websites. The updated Guideline 3 aims to assist councils when making decisions about whether and when to disclose personal information contained in development applications.
The updates ensure the guideline is consistent with the legislative amendments made in 2018 to the GIPA Act and GIPA Regulation, and to reflect the approach to decisions about open access information by the NSW Civil and Administrative Tribunal (NCAT). The main revisions are:
- commentary on recent NCAT decisions which provide specific examples to councils
- analysis of the public interest test in section 13 of the GIPA Act and its application to open access information in the form of development applications.