EIG v North Sydney Council [2022] NSWCATAD 127

EIG v North Sydney Council [2022] NSWCATAD 127

In the context of the May Report, the word "Medical" disclosed that the Applicant sought remote attendance for five months because in-person attendance was prevented for a medical reason or reasons, and therefore was health information. The Respondent breached HPP4 because the Applicant was not made aware that this description would be included in the May Report, and breached HPP11 because the information was publicly disclosed without consent and in circumstances where, given the OLG Circular, suggested procedures, the 7 April 2021 memorandum, the April Report, and the Applicant's express request for confidentiality, the Applicant would not reasonably expect disclosure. No separate...

Jurisdiction
Australia
Judgment Date
20 April 2022
Procedural Posture
Application Under S 55 of the Privacy and Personal Information Act 1998 (nsw) for Administrative Review of Conduct Following an Internal Review Under S 53 / Principal Judgment; Final Orders
Outcome
Application upheld in part; the Tribunal found breaches of HPP4 and HPP11 and ordered an apology and publication of an anonymous notice, with a publication restriction protecting the Applicant's identity.
Legal Topics
['administrative Review' 'personal Information' 'health Information' 'disclosure of Health Information' 'health Privacy Principle 4' 'health Privacy Principle 11' 'appropriate Relief']
['administrative Law' 'privacy Law' 'health Information Privacy'] ['administrative Review' 'personal Information' 'health Information' 'disclosure of Health Information' 'health Privacy Principle 4' 'health Privacy Principle 11' 'appropriate Relief']

Case Brief

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Procedural Posture

Application Under S 55 of the Privacy and Personal Information Act 1998 (nsw) for Administrative Review of Conduct Following an Internal Review Under S 53 / Principal Judgment; Final Orders

Legal Issues

  1. 1 ['Whether the relevant information was health information for the purposes of the Health Records and Information Privacy Act 2002 (NSW) or personal information for the purposes of the Privacy and Personal Information Act 1998 (NSW).' "Whether the Respondent's conduct breached one or more Health Privacy Principles under the HRIP Act or Information Protection Principles under the PPIP Act." 'If a breach was established, what further action or orders should be made under s 55 PPIP Act and s 63 Administrative Decisions Review Act 1997 (NSW).']

Ratio Decidendi

In the context of the May Report, the word "Medical" disclosed that the Applicant sought remote attendance for five months because in-person attendance was prevented for a medical reason or reasons, and therefore was health information. The Respondent breached HPP4 because the Applicant was not made aware that this description would be included in the May Report, and breached HPP11 because the information was publicly disclosed without consent and in circumstances where, given the OLG Circular, suggested procedures, the 7 April 2021 memorandum, the April Report, and the Applicant's express request for confidentiality, the Applicant would not reasonably expect disclosure. No separate...

Court Disposition

Application upheld in part; the Tribunal found breaches of HPP4 and HPP11 and ordered an apology and publication of an anonymous notice, with a publication restriction protecting the Applicant's identity.

Orders

  • ['Pursuant to s 64 Civil and Administrative Tribunal Act the publication or broadcast of the name of the Applicant in these proceedings is prohibited. Note: A reference to the name of the Applicant includes a reference to any information, picture or other material that identifies the Applicant or is likely to lead...