EMF v Cessnock City Council [2021] NSWCATAD 83

EMF v Cessnock City Council [2021] NSWCATAD 83

The Tribunal determined there was no evidence to substantiate any alleged breach by the respondent of the PPIP Act, Information Protection Principles, or the LG Privacy Code in the handling, disclosure, or use of the applicant’s personal information. The Council's internal review was completed as soon as reasonably practicable. The applicant did not provide objective evidence to support a claim for damages; hence, the Tribunal decided to take no further action.

Parties
Applicant: EMF; Respondent: Cessnock City Council
Jurisdiction
Australia
Judgment Date
31 March 2021
Procedural Posture
Administrative Review / Final Determination
Outcome
The Tribunal determines to take no further action on the matter.
Legal Topics
Freedom of Information, Personal Information, Internal Review, Information Protection Principles
Administrative Law Privacy Law Freedom of Information Personal Information Internal Review Information Protection Principles

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Parties

EMF

Applicant

Cessnock City Council

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Did the Council breach any Information Protection Principles (IPPs) or the Local Government (LG) Privacy Code in redirecting the applicant's email and personal information to Council staff?
  2. 2 Was the Council's internal review of the privacy complaint completed as soon as reasonably practicable and within statutory timeframes?
  3. 3 Is the applicant entitled to damages for alleged breach of privacy?

Ratio Decidendi

The Tribunal determined there was no evidence to substantiate any alleged breach by the respondent of the PPIP Act, Information Protection Principles, or the LG Privacy Code in the handling, disclosure, or use of the applicant’s personal information. The Council's internal review was completed as soon as reasonably practicable. The applicant did not provide objective evidence to support a claim for damages; hence, the Tribunal decided to take no further action.

Court Disposition

The Tribunal determines to take no further action on the matter.

Orders

  • The Tribunal determines to take no further action on the matter.
  • Disclosure of the applicant's name or identifying material is prohibited under s 64(1) of the Civil and Administrative Tribunal Act 2013.