CEU v Ombudsman [2017] NSWCATAD 267

CEU v Ombudsman [2017] NSWCATAD 267

The respondent breached s 18 of the Act by disclosing the applicant’s name and email address to the University when there was reason to believe the individual would object to the disclosure, and no exemption or exception applied. No breach of s 17 was found as there was no 'use' of the information by the Ombudsman.

Jurisdiction
Australia
Judgment Date
31 August 2017
Procedural Posture
Privacy Complaint (administrative Law) / Merits Review Determination on the Papers
Outcome
The respondent has breached s18 of the Privacy and Personal Information Protection Act 1998. The Tribunal determines, pursuant to s55(2) of the PPIP Act, to take no further action on the matter.
Legal Topics
['breach of Privacy' 'personal Information Disclosure' 'investigative Agency Exemptions' 'limits on Disclosure of Personal Information']
['administrative Law' 'privacy Law'] ['breach of Privacy' 'personal Information Disclosure' 'investigative Agency Exemptions' 'limits on Disclosure of Personal Information']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Privacy Complaint (administrative Law) / Merits Review Determination on the Papers

Legal Issues

  1. 1 ["Whether the respondent breached ss 17 and 18 of the Privacy and Personal Information Protection Act 1998 by disclosing the applicant's name and email address" 'Whether exemption under s 24(1) of the Act applies' 'Whether disclosure was directly related to the purpose for which the information was collected and whether the agency had reason to believe the individual would object']

Ratio Decidendi

The respondent breached s 18 of the Act by disclosing the applicant’s name and email address to the University when there was reason to believe the individual would object to the disclosure, and no exemption or exception applied. No breach of s 17 was found as there was no 'use' of the information by the Ombudsman.

Court Disposition

The respondent has breached s18 of the Privacy and Personal Information Protection Act 1998. The Tribunal determines, pursuant to s55(2) of the PPIP Act, to take no further action on the matter.

Orders

  • ['The respondent has breached s18 of the Privacy and Personal Information Protection Act 1998.' 'The Tribunal determines, pursuant to s 55(2) of the PPIP Act, to take no further action on the matter.']