CWF v Arndt [2017] NSWCATAD 251

CWF v Arndt [2017] NSWCATAD 251

The respondent did not discharge the onus of establishing that providing access to the applicant’s health information would pose a serious threat to her life or health, as required by s 29(a) of the HRIP Act. Medical evidence from the applicant’s recent treating professionals supported her capacity to access the information without adverse consequence.

Parties
Applicant: CWF; Respondent: Eileen Arndt; Interested Party: NSW Privacy Commissioner
Jurisdiction
Australia
Judgment Date
15 August 2017
Procedural Posture
Inquiry Into Complaint Under Health Records and Information Privacy Act 2002 / Final Decision After Hearing
Outcome
Application upheld. Access granted.
Legal Topics
Health Information Access, Private Sector Obligations, Serious Threat Exemption, Tribunal Powers
Administrative Law Health Law Privacy Law Health Information Access Private Sector Obligations Serious Threat Exemption Tribunal Powers

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Parties

CWF

Applicant

Eileen Arndt

Respondent

NSW Privacy Commissioner

Interested Party

Procedural Posture

Inquiry Into Complaint Under Health Records and Information Privacy Act 2002 / Final Decision After Hearing

Legal Issues

  1. 1 Whether disclosure of health information would pose a serious threat to life or health under s 29(a) of the Health Records and Information Privacy Act 2002

Ratio Decidendi

The respondent did not discharge the onus of establishing that providing access to the applicant’s health information would pose a serious threat to her life or health, as required by s 29(a) of the HRIP Act. Medical evidence from the applicant’s recent treating professionals supported her capacity to access the information without adverse consequence.

Court Disposition

Application upheld. Access granted.

Orders

  • Within 30 days of the publication of these reasons, the respondent is to provide the applicant with access to her health information by giving the individual a copy of the health information.