FMM v Insurance and Care NSW [2023] NSWCATAD 114

FMM v Insurance and Care NSW [2023] NSWCATAD 114

The agency contravened IPP 5 and 11 and HPP 5 and 11 by failing to have reasonable security safeguards and by disclosing the applicant's sensitive information to an unauthorised broker, which directly caused a severe exacerbation of the applicant's pre-existing psychological injury. Existing and subsequent security measures were insufficient; thus, orders for damages and enhanced safeguards were warranted.

Parties
Applicant: FMM; Respondent: Workers Compensation Nominal Insurer
Jurisdiction
Australia
Judgment Date
23 May 2023
Procedural Posture
Administrative Review / Final Determination
Outcome
Varied decision under review; orders made for compensation, enhanced security safeguards, and publication restrictions.
Legal Topics
Information Privacy Principles, Health Privacy Principles, Security Safeguards, Disclosure of Personal Information, Workers Compensation
Administrative Law Privacy Law Information Privacy Principles Health Privacy Principles Security Safeguards Disclosure of Personal Information Workers Compensation

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Parties

FMM

Applicant

Workers Compensation Nominal Insurer

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Whether the agency contravened Information Privacy Principles and Health Privacy Principles by disclosing the applicant's personal and health information to an unauthorised third party
  2. 2 Whether the agency had reasonable security safeguards in place to protect sensitive information
  3. 3 Whether the applicant suffered psychological harm causally linked to the breach

Ratio Decidendi

The agency contravened IPP 5 and 11 and HPP 5 and 11 by failing to have reasonable security safeguards and by disclosing the applicant's sensitive information to an unauthorised broker, which directly caused a severe exacerbation of the applicant's pre-existing psychological injury. Existing and subsequent security measures were insufficient; thus, orders for damages and enhanced safeguards were warranted.

Court Disposition

Varied decision under review; orders made for compensation, enhanced security safeguards, and publication restrictions.

Orders

  • A further oral hearing regarding the respondent's description is dispensed with.
  • Name 'iCare NSW' amended to 'Insurance and Care NSW t/a iCare NSW'.