FZZ v Department of Climate Change, Energy, the Environment and Water [2024] NSWCATAD 131

FZZ v Department of Climate Change, Energy, the Environment and Water [2024] NSWCATAD 131

The respondent collected personal information about the applicant indirectly from the council, including the council's opinion that the applicant was a serial complainer and that other similar customers were happy with the council's approach. Although responding to the applicant's inquiry was a lawful purpose...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 May 2024
Procedural Posture
Application Under S 55(1) of the Privacy and Personal Information Protection Act 1998 (nsw) for Administrative Review of Conduct Alleged to Contravene Information Protection Principles / Principal Judgment on Liability; Compensation Deferred for Further Submissions
Outcome
The internal review decision was affirmed as to liability: breaches of ss 8, 9 and 18 were affirmed, and findings of no breach of ss 10, 11, 13, 16 and 17 were affirmed. The compensation issue was deferred for further submissions and possible determination on the papers.
Legal Topics
['information Protection Principles' 'personal Information' 'collection of Personal Information' 'indirect Collection' 'use of Personal Information' 'disclosure of Personal Information' 'exemptions for Information Exchanges Between Public Sector Agencies' 'section 27 A(b)(ii) of the Privacy and Personal Information Protection Act 1998 (nsw)' 'administrative Review']
['administrative Law' 'privacy Law'] ['information Protection Principles' 'personal Information' 'collection of Personal Information' 'indirect Collection' 'use of Personal Information' 'disclosure of Personal Information' 'exemptions for Information Exchanges Between Public Sector Agencies' 'section 27 A(b)(ii) of the Privacy and Personal Information Protection Act 1998 (nsw)' 'administrative Review']

Source-derived case record

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Procedural Posture

Application Under S 55(1) of the Privacy and Personal Information Protection Act 1998 (nsw) for Administrative Review of Conduct Alleged to Contravene Information Protection Principles / Principal Judgment on Liability; Compensation Deferred for Further Submissions

Legal Issues

  1. 1 ["Whether the respondent breached ss 8, 9, 10, 11, 16, 17 and 18 of the Privacy and Personal Information Protection Act 1998 (NSW) in relation to a telephone conversation with Eurobodalla Shire Council about the applicant's water and sewer charges grievance." 'Whether information collected from the council during the 21 February 2023 telephone conversation was personal information about the applicant.' 'Whether the exemption in s 27A(b)(ii) of the Privacy and Personal Information Protection Act 1998 (NSW) applied because the collection or disclosure was reasonably necessary to enable inquiries to be referred between public sector agencies.' "Whether the respondent used the applicant's personal information to decide to cease substantive contact with him." 'Whether monetary compensation should be considered following findings of breach.']

Ratio Decidendi

The respondent collected personal information about the applicant indirectly from the council, including the council's opinion that the applicant was a serial complainer and that other similar customers were happy with the council's approach. Although responding to the applicant's inquiry was a lawful purpose related to the respondent's functions, collecting that personal information from the council was not reasonably necessary for that purpose and was not reasonably necessary to enable inquiries to be referred between agencies under s 27A(b)(ii), because the applicant had already approached the council, the respondent could respond generally to the inquiry without the council's input,...

Court Disposition

The internal review decision was affirmed as to liability: breaches of ss 8, 9 and 18 were affirmed, and findings of no breach of ss 10, 11, 13, 16 and 17 were affirmed. The compensation issue was deferred for further submissions and possible determination on the papers.

Orders

  • ['The decision that there was a breach of ss 8, 9 and 18 of the Privacy and Personal Information Protection Act 1998 (NSW) is affirmed.' 'The decision that there was no breach of ss 10, 11, 13, 16 and 17 of the Privacy and Personal Information Protection Act 1998 (NSW) is affirmed.' 'The applicant is to file and...