DSN v NSW Department of Justice [2019] NSWCATAD 174

DSN v NSW Department of Justice [2019] NSWCATAD 174

The respondent contravened information protection principles in ss 12(c) and 18 of the PPIP Act by failing to protect the applicant's personal information and disclosing it to a third party; the applicant is entitled to an order for performance of the information protection principles and a formal apology. Grounds...

Source-derived case information.

Parties
Applicant: DSN; Respondent: Department of Justice
Jurisdiction
Australia
Judgment Date
23 August 2019
Procedural Posture
Administrative Review / Final Decision
Outcome
Orders granted requiring performance of information protection principles and formal apology; other grounds dismissed.
Legal Topics
Information Protection Principles, Disclosure of Personal Information, Administrative Review, Internal Review Procedures, Jurisdiction of Tribunal
Administrative Law Privacy Law Information Protection Principles Disclosure of Personal Information Administrative Review Internal Review Procedures Jurisdiction of Tribunal

Source-derived case record

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 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

DSN

Applicant

Department of Justice

Respondent

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 Whether the respondent contravened information protection principles in ss 12(c) and 18 of the PPIP Act
  2. 2 Whether the applicant is entitled to remedies under s 55 of the PPIP Act for contravening conduct

Ratio Decidendi

The respondent contravened information protection principles in ss 12(c) and 18 of the PPIP Act by failing to protect the applicant's personal information and disclosing it to a third party; the applicant is entitled to an order for performance of the information protection principles and a formal apology. Grounds relating to third party information, officer accountability, and investigation process are outside the scope of Tribunal's jurisdiction or applicant's standing.

Court Disposition

Orders granted requiring performance of information protection principles and formal apology; other grounds dismissed.

Orders

  • The respondent perform the information protection principles in ss 12(c) and 18 of the PPIP Act thereof by placing a warning or alert on the CSNSW profiles of the applicant and the other inmate on the Offender Integrated Management System database to ensure that additional care is taken to direct mail and other...
  • The respondent formally apologise to the applicant for its contravention of the information protection principles in ss 12(c) and 18 of the PPIP Act.