IPC Case Notes - Privacy
The Information and Privacy Commission NSW (IPC) publishes case notes to highlight significant and interesting cases from the IPC's jurisdictions.
See below for case notes relating to Privacy.
IPC case notes are intended to serve public sector agencies and practitioners from the private, government and university sectors. The case notes are current at the date published. IPC case notes are not intended to replace legal advice, which should be sought as appropriate.
DRP v Orange City Council  NSWCATAD 220
Publication of the applicant's objections to a development application report on the local council's website did not breach IPP 11 (disclosure) because the information was not personal information within the meaning of section 4 of the PPIP Act; and pursuant to section 5, IPP 11 does not affect the obligations of local councils to the mandatory proactive release requirements for ‘open access information’ under the Government Information (Public Access) Act 2009 (NSW).
DTN v Commissioner of Police  NSWCATAD 107
The time period for review under section 53(3)(d) of the PPIP Act commences when the applicant for review first became aware of the conduct; the awareness of the applicant or their agent, such as a solicitor, requires awareness of the relevant legal significance of the conduct within the meaning of section 53.
DQN v The University of Sydney  NSWCATAD 266
Use and disclosure of the applicant’s personal information for the purpose of complying with consultation requirements under the Government Information (Public Access) Act 2009 (NSW) and responding to an external administrative review did not breach IPP 10 (use) and IPP 11 (disclosure) because non-compliance was lawfully authorised under section 25(b) of the PPIP Act.
DQA v Secretary, Department of Family and Community Services  NSWCATAD 156
An agency will breach section 16 of the PPIP Act if it does not take steps, as are reasonable in the circumstances, to ensure the accuracy and relevance of personal information before using it; in this case, the agency was ordered to make a formal written apology to the applicant.
Transport for New South Wales v Waters  NSWCATAP 96
This Appeal Decision confirms that section 8(1) of the PPIP Act requires consideration of whether the collection of the particular information that constitutes ‘personal information’ is reasonably necessary for the lawful purpose for which it has been collected, not whether the collection of information as personal information is reasonably necessary.
DKV v Southern NSW Local Health District  NSWCATAD 12
Disclosure of information in a medical report by a specialist to treating GP was for the primary purpose for which it was collected, including for ongoing treatment by GP. Applicant’s specific consent to the disclosure was not required in the circumstances.
DKB v Commissioner of Police NSW Police Force  NSWCATAP 39
This is an Appeal Panel decision concerning the exemption under section 27 of the PPIP Act for the NSW Police Force and other agencies to comply with the IPPs and the exemption for public sector agencies under section 25 where non-compliance with IPPs is lawfully authorised or required.
DGL v Illawarra Shoalhaven Local Health District  NSWCATAD 296
An agency may depart from the Information Protection Principles for investigative functions, or where non-compliance is lawfully authorised, or required, or permitted.
Jackson v The University of New South Wales  NSWCATAD 12
The meaning of personal information can be gleaned from the content and the context in which information or an opinion appears and is not confined to the personal information of one person.
CRP v Department of Family and Community Services  NSWCATAD 164
In considering whether a work address is personal information the test is the content of the information and the context in which it can be said to be about an individual.
CRE v Blacktown City Council  NSWCATAD 285
Where it may not be practicable for an internal review to be conducted by an employee or officer of an agency, it may be necessary for an external consultant to be retained to conduct an internal review.
BKM v Sydney Local Health District  WCATAD 87
The Tribunal's powers to make orders concerning the systemic nature of an information practice/system.
ALZ v WorkCover NSW  NSWCATAP 138
Statements on which organisations rely should be sufficient for an ordinary member of the community to ascertain the answers to the matters listed in HPP 6.
AQG v Crown Solicitor’s Office  NSWCATAD 112
The law relating to the use of McKenzie friends and agents in proceedings and implied non-compliance with the PPIP Act.