EJW v Commissioner of Police [2020] NSWCATAD 326

EJW v Commissioner of Police [2020] NSWCATAD 326

The Tribunal found that the service of a brief of evidence by police, even if made in error, is part of the prosecution of a criminal offence, which is a core policing function. Therefore, the exemption in s 27(1) of the Privacy and Personal Information Protection Act 1998 applies and the conduct is not subject to the Information Protection Principles. The Tribunal decided to take no further action.

Parties
Applicant: EJW; Respondent: Commissioner of Police
Jurisdiction
Australia
Judgment Date
23 December 2020
Procedural Posture
Administrative Review / Decision on the Papers
Outcome
No action taken
Legal Topics
Exemption Under Privacy and Personal Information Protection Act, Police Functions and Privacy, Administrative Functions of Police, Service of Brief of Evidence
Privacy Law Administrative Law Exemption Under Privacy and Personal Information Protection Act Police Functions and Privacy Administrative Functions of Police Service of Brief of Evidence

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Parties

EJW

Applicant

Commissioner of Police

Respondent

Procedural Posture

Administrative Review / Decision on the Papers

Legal Issues

  1. 1 Whether the exemption in s 27 of the Privacy and Personal Information Protection Act 1998 applies to the conduct complained about
  2. 2 If the exemption does not apply, whether the conduct breached any of the Information Protection Principles in the Act
  3. 3 If breach is found, what order if any should the Tribunal make

Ratio Decidendi

The Tribunal found that the service of a brief of evidence by police, even if made in error, is part of the prosecution of a criminal offence, which is a core policing function. Therefore, the exemption in s 27(1) of the Privacy and Personal Information Protection Act 1998 applies and the conduct is not subject to the Information Protection Principles. The Tribunal decided to take no further action.

Court Disposition

No action taken

Orders

  • Pursuant to s 55(2) of the Privacy and Personal Information Protection Act 1998 no action will be taken on the matter.