ALZ v SafeWork NSW [2017] NSWCATAP 51

ALZ v SafeWork NSW [2017] NSWCATAP 51

The Respondent breached s 17 of the PPIP Act and Health Privacy Principle 10 by using information for an impermissible purpose, the same impermissible purpose for which it was collected in contravention of s 8(1)/HPP 1, thus creating a consequential breach. The Appeal Panel found that, while the Tribunal had otherwise adequately addressed the legal issues and delivered sufficient reasons, the aspect regarding whether retention/disposal obligations (s 12/HPP 5) were breached, following collection in contravention of collection principles, must be reconsidered.

Parties
Appellant: ALZ; Respondent: SafeWork NSW
Jurisdiction
Australia
Judgment Date
09 March 2017
Procedural Posture
Privacy/administrative Law Appeal / Appeal
Outcome
Appeal allowed in part
Legal Topics
Information Protection Principles, Health Privacy Principles, Internal Review, Collection of Personal Information, Use and Disclosure of Information, Retention and Security of Information, Statutory Interpretation
Privacy Law Administrative Law Information Protection Principles Health Privacy Principles Internal Review Collection of Personal Information Use and Disclosure of Information Retention and Security of Information +1 more

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Parties

ALZ

Appellant

SafeWork NSW

Respondent

Procedural Posture

Privacy/administrative Law Appeal / Appeal

Legal Issues

  1. 1 Whether the Tribunal failed to provide adequate reasons for decision, including the verbatim adoption of Respondent's submissions
  2. 2 Proper statutory construction and interaction of the Information Protection Principles (IPPs) and Health Privacy Principles (HPPs)
  3. 3 Whether breaches of collection principles entail consequential breaches of use, retention, or disclosure principles

Ratio Decidendi

The Respondent breached s 17 of the PPIP Act and Health Privacy Principle 10 by using information for an impermissible purpose, the same impermissible purpose for which it was collected in contravention of s 8(1)/HPP 1, thus creating a consequential breach. The Appeal Panel found that, while the Tribunal had otherwise adequately addressed the legal issues and delivered sufficient reasons, the aspect regarding whether retention/disposal obligations (s 12/HPP 5) were breached, following collection in contravention of collection principles, must be reconsidered.

Court Disposition

Appeal allowed in part

Orders

  • The appeal is allowed in part.
  • The Respondent has contravened s 17 of the Privacy and Personal Information Protection Act 1998 (NSW) and Health Privacy Principle 10 in Schedule 1 of the Health Records and Information Privacy Act 2002 (NSW).