BN v Hornsby Shire Council [2012] NSWADT 165

BN v Hornsby Shire Council [2012] NSWADT 165

The respondent's publication of the Deputy Ombudsman's letter and internal report containing BN's personal information on its website constituted a contravention of the disclosure information protection principle in s 18(2) of the Privacy and Personal Information Protection Act 1998, as the information was not otherwise publicly available nor was public disclosure authorised by the Ombudsman Act 1974 provision relied upon; no compensation was ordered due to lack of evidence of loss.

Jurisdiction
Australia
Judgment Date
13 August 2012
Procedural Posture
External Review (privacy) / Final Decision
Outcome
Orders made for apology and directions regarding future compliance, no compensation ordered, costs reserved
Legal Topics
['personal Information' 'disclosure of Personal Information' 'information Protection Principles' 'use of Personal Information']
['privacy' 'administrative Law'] ['personal Information' 'disclosure of Personal Information' 'information Protection Principles' 'use of Personal Information']

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Procedural Posture

External Review (privacy) / Final Decision

Legal Issues

  1. 1 ["Whether information in the Deputy Ombudsman's letter to BN is 'personal information' about BN under section 4(1) of the PPIP Act; and not excluded by the exceptions in section 4(3)" "Whether the respondent's publication of the Deputy Ombudsman's letter constituted a breach of the disclosure information protection principles in sections 16, 17, and 18 of the PPIP Act" 'Whether any order for compensation or other remedy should be made against the respondent']

Ratio Decidendi

The respondent's publication of the Deputy Ombudsman's letter and internal report containing BN's personal information on its website constituted a contravention of the disclosure information protection principle in s 18(2) of the Privacy and Personal Information Protection Act 1998, as the information was not otherwise publicly available nor was public disclosure authorised by the Ombudsman Act 1974 provision relied upon; no compensation was ordered due to lack of evidence of loss.

Court Disposition

Orders made for apology and directions regarding future compliance, no compensation ordered, costs reserved

Orders

  • ["Within 28 days of this decision, respondent to provide BN with a written apology for conduct contravening s 18(2) of the PPIP Act via website publication of the Deputy Ombudsman's letter and the report GM5/11 to the extent it contained BN's personal information." 'Respondent to take all necessary steps to ensure...