HW v Director of Public Prosecutions (No 2) [2004] NSWADT 73

HW v Director of Public Prosecutions (No 2) [2004] NSWADT 73

Sections 10 and 11 of the Privacy and Personal Information Protection Act 1998 are intended to apply only where there is direct collection of information from the individual to whom it relates. As the DPP did not collect personal information directly from the applicant, but rather from a police officer, section 11 does not apply and there is no breach by the DPP.

Jurisdiction
Australia
Judgment Date
16 April 2004
Procedural Posture
Privacy Review Application / Decision on the Papers
Outcome
Application dismissed
Legal Topics
['information Protection Principle S 11' 'collection of Personal Information' 'statutory Interpretation']
['privacy Law' 'administrative Law'] ['information Protection Principle S 11' 'collection of Personal Information' 'statutory Interpretation']

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Procedural Posture

Privacy Review Application / Decision on the Papers

Legal Issues

  1. 1 ['Does section 11 of the Privacy and Personal Information Protection Act 1998 apply to collection of information by the Director of Public Prosecutions from a police officer?' 'If section 11 applies, did the DPP breach section 11 in the circumstances?']

Ratio Decidendi

Sections 10 and 11 of the Privacy and Personal Information Protection Act 1998 are intended to apply only where there is direct collection of information from the individual to whom it relates. As the DPP did not collect personal information directly from the applicant, but rather from a police officer, section 11 does not apply and there is no breach by the DPP.

Court Disposition

Application dismissed

Orders

  • ['The Application for review of the conduct of the Director of Public Prosecutions in relation to an alleged contravention of section 11 of the Privacy and Personal Information Protection Act 1998 is dismissed.']