Beryar v Sydney Trains [2024] NSWCATAD 205

Beryar v Sydney Trains [2024] NSWCATAD 205

Although the unpixelated CCTV footage contained identifiable personal information of third parties and could reasonably be expected to reveal personal information, contravene an information protection principle and expose the person who damaged the vehicle to a risk of harm or serious harassment or intimidation, those concerns could be addressed by pixelating or otherwise obscuring the identity of third parties who had not consented. The respondent established an overriding public interest against disclosure in the form requested by the applicant, but did not establish an overriding public interest against disclosure of the CCTV footage with third-party personal information pixelated or...

Jurisdiction
Australia
Judgment Date
24 July 2024
Procedural Posture
Administrative Review of Refusal of Access to Government Information Under the Government Information (public Access) Act 2009 (nsw) / Principal Judgment Determined on the Papers
Outcome
Decision under review set aside and substituted with a decision granting access to the relevant CCTV footage subject to pixelation or other obscuring of non-consenting third parties' identities.
Legal Topics
['gipa Access Application' 'cctv Footage' 'public Interest Considerations in Favour of Disclosure' 'public Interest Considerations Against Disclosure' 'personal Information' 'pixelation of Third Party Identities']
['administrative Law' 'freedom of Information' 'privacy'] ['gipa Access Application' 'cctv Footage' 'public Interest Considerations in Favour of Disclosure' 'public Interest Considerations Against Disclosure' 'personal Information' 'pixelation of Third Party Identities']

Case Brief

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Procedural Posture

Administrative Review of Refusal of Access to Government Information Under the Government Information (public Access) Act 2009 (nsw) / Principal Judgment Determined on the Papers

Legal Issues

  1. 1 ['Whether the correct and preferable decision was that there was an overriding public interest against disclosure of CCTV footage by giving the applicant a copy of it, by reason of cll 3(a), (b) and (f) of the Table to s 14 of the Government Information (Public Access) Act 2009 (NSW).' 'Whether access to the CCTV footage should be granted subject to pixelation or other obscuring of information disclosing the identity of third parties who had not consented to disclosure of their personal information.']

Ratio Decidendi

Although the unpixelated CCTV footage contained identifiable personal information of third parties and could reasonably be expected to reveal personal information, contravene an information protection principle and expose the person who damaged the vehicle to a risk of harm or serious harassment or intimidation, those concerns could be addressed by pixelating or otherwise obscuring the identity of third parties who had not consented. The respondent established an overriding public interest against disclosure in the form requested by the applicant, but did not establish an overriding public interest against disclosure of the CCTV footage with third-party personal information pixelated or...

Court Disposition

Decision under review set aside and substituted with a decision granting access to the relevant CCTV footage subject to pixelation or other obscuring of non-consenting third parties' identities.

Orders

  • ['An oral hearing is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'The decision under review is set aside.' 'In substitution a decision is made that Sydney Trains is to grant access to the applicant to relevant CCTV footage at Penrith train station on 2 December 2023, except...