Miller v NSW Roads and Maritime Services [2014] NSWCATAD 224

Miller v NSW Roads and Maritime Services [2014] NSWCATAD 224

The photograph as viewed by the Tribunal was personal information and concerned children, but the Applicant sought release only with faces pixelated or otherwise redacted. Pixelation would remove the possibility that the children's identity was apparent or reasonably ascertainable, thereby removing the personal information contained within the photograph. Once released in that de-identified form, there was no overriding public interest against disclosure, so the correct and preferable decision was to set aside RMS's refusal and require release in a form that prevents identification of the children.

Jurisdiction
Australia
Judgment Date
18 December 2014
Procedural Posture
External Review Under Section 100 of the Government Information (public Access) Act 2009 / Principal Judgment; on the Papers
Outcome
The decision to refuse to release the photograph was set aside and substituted with a decision that the photograph be released in a form that removes the possibility of the children's identity being either apparent or reasonably ascertainable.
Legal Topics
['government Information (public Access) Act 2009 Access Application' 'personal Information' 'overriding Public Interest Against Disclosure' 'disclosure of Information About Children' 'redaction or Pixelation of Identifying Information' 'legal Professional Privilege']
['administrative Law' 'government Information Access' 'privacy'] ['government Information (public Access) Act 2009 Access Application' 'personal Information' 'overriding Public Interest Against Disclosure' 'disclosure of Information About Children' 'redaction or Pixelation of Identifying Information' 'legal Professional Privilege']

Case Brief

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Procedural Posture

External Review Under Section 100 of the Government Information (public Access) Act 2009 / Principal Judgment; on the Papers

Legal Issues

  1. 1 ["Whether disclosure of a photograph in the disciplinary investigation file could reasonably be expected to reveal an individual's personal information under item 3(a) of the table to section 14 of the Government Information (Public Access) Act 2009." "Whether release of the photograph in a pixelated or otherwise redacted form would remove the possibility of the children's identity being apparent or reasonably ascertainable." 'Whether there was an overriding public interest against disclosure of the photograph in the form proposed by the Applicant.']

Ratio Decidendi

The photograph as viewed by the Tribunal was personal information and concerned children, but the Applicant sought release only with faces pixelated or otherwise redacted. Pixelation would remove the possibility that the children's identity was apparent or reasonably ascertainable, thereby removing the personal information contained within the photograph. Once released in that de-identified form, there was no overriding public interest against disclosure, so the correct and preferable decision was to set aside RMS's refusal and require release in a form that prevents identification of the children.

Court Disposition

The decision to refuse to release the photograph was set aside and substituted with a decision that the photograph be released in a form that removes the possibility of the children's identity being either apparent or reasonably ascertainable.

Orders

  • ['The decision to refuse to release the photograph is set aside.' "In its place the decision is made that the photograph is to be released in a form which removes the possibility of the children's identity being either apparent or reasonably ascertainable."]