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.

Privacy

August 2019
DQA v Secretary, Department of Family and Community Services [2019] 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.   

June 2019
Transport for New South Wales v Waters [2019] 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.  

June 2019
DKV v Southern NSW Local Health District [2019] 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.

February 2019
DKB v Commissioner of Police NSW Police Force [2019] 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.

December 2018
DGL v Illawarra Shoalhaven Local Health District [2018] 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.

April 2018
Jackson v The University of New South Wales [2018] 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.

November 2017
CRP v Department of Family and Community Services [2017] 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.

October 2017
CRE v Blacktown City Council [2017] 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. 

August 2015
BKM v Sydney Local Health District [2015] WCATAD 87
The Tribunal's powers to make orders concerning the systemic nature of an information practice/system.

July 2015
ALZ v WorkCover NSW [2015] 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.

June 2015
AQG v Crown Solicitor’s Office [2015] NSWCATAD 112
The law relating to the use of McKenzie friends and agents in proceedings and implied non-compliance with the PPIP Act.