NZ v NSW Department of Housing (No. 2) [2008] NSWADT 5

NZ v NSW Department of Housing (No. 2) [2008] NSWADT 5

NZ failed to establish that the Department contravened the Information Protection Principles under the Privacy and Personal Information Protection Act 1998. The documents relied upon either did not constitute 'personal information' as defined by the Act, or their use/disclosure was otherwise permitted by law. The connections drawn by NZ between the documents and breaches of privacy were too remote, and there was insufficient evidence to establish any contravention.

Parties
Applicant: NZ; Respondent: NSW Department of Housing
Jurisdiction
Australia
Judgment Date
07 January 2008
Procedural Posture
Administrative Review / Final Determination With Invitation for Costs Submissions
Outcome
Application dismissed; Tribunal determines to take no further action in accordance with s 55(2) of the PPIP Act; further submissions invited on costs.
Legal Topics
Information Protection Principles, Privacy and Personal Information Protection Act 1998, Jurisdiction of Tribunal, Use and Disclosure of Personal Information, Tribunal Procedure
Privacy Law Administrative Law Information Protection Principles Privacy and Personal Information Protection Act 1998 Jurisdiction of Tribunal Use and Disclosure of Personal Information Tribunal Procedure

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Parties

NZ

Applicant

NSW Department of Housing

Respondent

Procedural Posture

Administrative Review / Final Determination With Invitation for Costs Submissions

Legal Issues

  1. 1 Whether the NSW Department of Housing contravened the Privacy and Personal Information Protection Act 1998 by disclosing or using personal information about NZ without authority
  2. 2 Whether the information or documents relied on by NZ met the definition of 'personal information' under s 4(1) of the PPIP Act
  3. 3 Whether exceptions under s 23(2) and s 25 of the PPIP Act applied to the use/disclosure of certain documents by the Department

Ratio Decidendi

NZ failed to establish that the Department contravened the Information Protection Principles under the Privacy and Personal Information Protection Act 1998. The documents relied upon either did not constitute 'personal information' as defined by the Act, or their use/disclosure was otherwise permitted by law. The connections drawn by NZ between the documents and breaches of privacy were too remote, and there was insufficient evidence to establish any contravention.

Court Disposition

Application dismissed; Tribunal determines to take no further action in accordance with s 55(2) of the PPIP Act; further submissions invited on costs.

Orders

  • The Tribunal determines to take no further action on this matter in accordance with s 55(2) of the PPIP Act.
  • The Tribunal invites further submissions on the issue of costs. Unless either party applies for oral submissions on costs within seven days, written submissions to be made: (a) Respondent within two weeks, (b) Applicant in reply within two weeks thereafter.