FM -v- Vice Chancellor, Macquarie University [2003] NSWADT 78

FM -v- Vice Chancellor, Macquarie University [2003] NSWADT 78

Macquarie University, via its employees, contravened s 18 of the Privacy & Personal Information Protection Act 1998 by disclosing personal information (opinions in telephone conversations and the academic transcript) about FM to UNSW, in circumstances where no statutory exception, exemption, or express consent applied; however, the evidence did not establish that FM suffered loss or damage 'because of' the disclosure of opinions in telephone calls for the purposes of s 55(4), and Macquarie’s instruction regarding transcript disclosure was sufficient. Accordingly, a restraint order was made regarding future disclosures, but no damages were awarded.

Parties
Applicant: FM; Respondent: Vice Chancellor, Macquarie University
Jurisdiction
Australia
Judgment Date
16 April 2003
Procedural Posture
Privacy Review Application / Final Tribunal Decision
Outcome
Orders made; application otherwise dismissed
Legal Topics
Personal Information, Information Protection Principles, Disclosure of Personal Information, Consent to Disclosure, Review of Agency Conduct Under the Privacy & Personal Information Protection Act 1998
Privacy Law Administrative Law Personal Information Information Protection Principles Disclosure of Personal Information Consent to Disclosure Review of Agency Conduct Under the Privacy & Personal Information Protection Act 1998

Case Brief

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Parties

FM

Applicant

Vice Chancellor, Macquarie University

Respondent

Procedural Posture

Privacy Review Application / Final Tribunal Decision

Legal Issues

  1. 1 Whether Macquarie University contravened information protection principles by disclosing personal information about FM to UNSW
  2. 2 Whether disclosure of information in telephone conversations and academic transcript was authorised or exempt
  3. 3 Whether an order for damages or restraint should be made under the Privacy & Personal Information Protection Act 1998

Ratio Decidendi

Macquarie University, via its employees, contravened s 18 of the Privacy & Personal Information Protection Act 1998 by disclosing personal information (opinions in telephone conversations and the academic transcript) about FM to UNSW, in circumstances where no statutory exception, exemption, or express consent applied; however, the evidence did not establish that FM suffered loss or damage 'because of' the disclosure of opinions in telephone calls for the purposes of s 55(4), and Macquarie’s instruction regarding transcript disclosure was sufficient. Accordingly, a restraint order was made regarding future disclosures, but no damages were awarded.

Court Disposition

Orders made; application otherwise dismissed

Orders

  • The Vice Chancellor, Macquarie University and any person employed or engaged by Macquarie University is to restrain from disclosing information or opinions in relation to students or former students, which is held in their minds, unless an exemption relating to s 18 applies.
  • No order for damages or compensation.