ALZ v WorkCover NSW (No 2) [2014] NSWCATAD 122

ALZ v WorkCover NSW (No 2) [2014] NSWCATAD 122

WorkCover NSW did not have in place adequate or reasonable security safeguards to protect ALZ's sensitive health information, as required by Health Privacy Principle 5, due to insufficient evidence of specific policies, procedures, staff training, and tracking of access, which constituted a breach of HPP 5.

Jurisdiction
Australia
Judgment Date
29 August 2014
Procedural Posture
Application Privacy/health Information / Post Remitter Decision on Unresolved Issues; Pending Orders Regarding Breaches
Outcome
Contravention of HPP 5 by Respondent found; further orders to be considered at a planning meeting.
Legal Topics
['health Information Security' 'reasonable Security Safeguards' 'health Privacy Principle 5' 'retention of Personal Information']
['administrative Law' 'privacy Law'] ['health Information Security' 'reasonable Security Safeguards' 'health Privacy Principle 5' 'retention of Personal Information']

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Procedural Posture

Application Privacy/health Information / Post Remitter Decision on Unresolved Issues; Pending Orders Regarding Breaches

Legal Issues

  1. 1 ["Whether WorkCover NSW contravened Health Privacy Principle 5 by failing to implement reasonable retention and security safeguards for ALZ's health information"]

Ratio Decidendi

WorkCover NSW did not have in place adequate or reasonable security safeguards to protect ALZ's sensitive health information, as required by Health Privacy Principle 5, due to insufficient evidence of specific policies, procedures, staff training, and tracking of access, which constituted a breach of HPP 5.

Court Disposition

Contravention of HPP 5 by Respondent found; further orders to be considered at a planning meeting.

Orders

  • ['The matters are to be listed for a planning meeting at 3.00 pm on 14 October 2014.']