OQ v Commissioner of Police [2005] NSWADT 240

OQ v Commissioner of Police [2005] NSWADT 240

The collection, retention, storage, and use of information by police in the COPS system are core policing activities and not administrative or educative functions. Therefore, s 27(1) of the Act exempts the NSW Police from application of the Information Protection Principles in this matter.

Jurisdiction
Australia
Judgment Date
21 October 2005
Procedural Posture
Application for External Review (privacy) / Decision After Hearing
Outcome
Decision under review affirmed
Legal Topics
['information Protection Principles' 'exemptions Under Privacy and Personal Information Protection Act 1998']
['administrative Law' 'privacy Law'] ['information Protection Principles' 'exemptions Under Privacy and Personal Information Protection Act 1998']

Case Brief

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Procedural Posture

Application for External Review (privacy) / Decision After Hearing

Legal Issues

  1. 1 ['Whether the police conduct was exempt from Information Protection Principles under s 27(1) of the Privacy and Personal Information Protection Act 1998' "Whether the alleged conduct was connected to the agency's administrative and educative functions"]

Ratio Decidendi

The collection, retention, storage, and use of information by police in the COPS system are core policing activities and not administrative or educative functions. Therefore, s 27(1) of the Act exempts the NSW Police from application of the Information Protection Principles in this matter.

Court Disposition

Decision under review affirmed

Orders

  • ['The decision under review is affirmed.']