EJX v University of Newcastle [2023] NSWCATAD 228

EJX v University of Newcastle [2023] NSWCATAD 228

EJX's name, student ID and signature were personal information and the respondent used that information in the amended change form, but the information was collected and used for the respondent's purpose of obtaining approvals and implementing changes to EJX's PhD supervision arrangements. The addition of Professor S was part of, or at least directly related to, that purpose. EJX was notified of the amended supervision arrangements on 22 February 2018, later acted consistently with Professor S being a co-supervisor, and there was insufficient evidence of failure to protect the information, denial of access, inaccuracy requiring further checking, unauthorised external disclosure, or any...

Jurisdiction
Australia
Judgment Date
25 August 2023
Procedural Posture
Administrative Review of Conduct Under the Privacy and Personal Information Protection Act 1998 (nsw) / Final Decision After Hearing
Outcome
No further action is to be taken in this matter and the Applicant's application is dismissed.
Legal Topics
['information Privacy Principles' 'use of Personal Information' 'disclosure of Personal Information' 'internal Review' 'administrative Review' 'damages']
['privacy and Personal Information' 'administrative Law'] ['information Privacy Principles' 'use of Personal Information' 'disclosure of Personal Information' 'internal Review' 'administrative Review' 'damages']

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Procedural Posture

Administrative Review of Conduct Under the Privacy and Personal Information Protection Act 1998 (nsw) / Final Decision After Hearing

Legal Issues

  1. 1 ["Whether the conduct of the University that was the subject of EJX's complaint was in breach of the information privacy principles in the Privacy and Personal Information Protection Act 1998 (NSW)." 'If there were breaches, what action should be taken, including whether damages should be awarded.' 'Whether the Tribunal had jurisdiction to make declarations or orders concerning alleged non-compliance with s 58 of the Administrative Decisions Review Act 1997 (NSW).']

Ratio Decidendi

EJX's name, student ID and signature were personal information and the respondent used that information in the amended change form, but the information was collected and used for the respondent's purpose of obtaining approvals and implementing changes to EJX's PhD supervision arrangements. The addition of Professor S was part of, or at least directly related to, that purpose. EJX was notified of the amended supervision arrangements on 22 February 2018, later acted consistently with Professor S being a co-supervisor, and there was insufficient evidence of failure to protect the information, denial of access, inaccuracy requiring further checking, unauthorised external disclosure, or any...

Court Disposition

No further action is to be taken in this matter and the Applicant's application is dismissed.

Orders

  • ['No further action is to be taken in this matter.' "The Applicant's application is dismissed."]