Else v Service NSW [2021] NSWCATAD 172

Else v Service NSW [2021] NSWCATAD 172

Service NSW did not contravene s 17 of the Privacy and Personal Information Protection Act 1998 (NSW). The applicant had been sufficiently prompted to accept the Terms and Conditions and Privacy Statement when creating her MyServiceNSW Account, and the use of her email address to send public health information in an emergency situation was within the purpose for which the information was collected. In any event, as at late March and early April 2020 COVID-19 created an emergency situation and a serious and imminent threat to life and health in New South Wales, and using email to communicate public health measures to a large audience was reasonably appropriate and adapted to preventing or...

Jurisdiction
Australia
Judgment Date
21 June 2021
Procedural Posture
Application for Administrative Review of Conduct Under the Privacy and Personal Information Protection Act 1998 (nsw) / Final Decision After Hearing
Outcome
Application dismissed in the sense that the Tribunal decided not to take any action on the matter.
Legal Topics
['use of Personal Information by Public Sector Agency' 'information Protection Principle 10' 'covid 19 Public Health Communications' 'serious and Imminent Threat to Life or Health' 'consent to Privacy Terms' 'administrative Review of Agency Conduct']
['administrative Law' 'privacy Law' 'public Health Law'] ['use of Personal Information by Public Sector Agency' 'information Protection Principle 10' 'covid 19 Public Health Communications' 'serious and Imminent Threat to Life or Health' 'consent to Privacy Terms' 'administrative Review of Agency Conduct']

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Procedural Posture

Application for Administrative Review of Conduct Under the Privacy and Personal Information Protection Act 1998 (nsw) / Final Decision After Hearing

Legal Issues

  1. 1 ["Whether Service NSW breached s 17 of the Privacy and Personal Information Protection Act 1998 (NSW) by using the applicant's email address to send a COVID-19 public health email." "Whether the applicant's personal information was used for the purpose for which it was collected, having regard to the Terms and Conditions and Privacy Statement for a MyServiceNSW Account." "Whether the use of the applicant's personal information was necessary to prevent or lessen a serious and imminent threat to life or health under s 17(c) of the Privacy and Personal Information Protection Act 1998 (NSW)." "Whether any adverse inference should be drawn from the respondent's reliance on evidence said to be hearsay."]

Ratio Decidendi

Service NSW did not contravene s 17 of the Privacy and Personal Information Protection Act 1998 (NSW). The applicant had been sufficiently prompted to accept the Terms and Conditions and Privacy Statement when creating her MyServiceNSW Account, and the use of her email address to send public health information in an emergency situation was within the purpose for which the information was collected. In any event, as at late March and early April 2020 COVID-19 created an emergency situation and a serious and imminent threat to life and health in New South Wales, and using email to communicate public health measures to a large audience was reasonably appropriate and adapted to preventing or...

Court Disposition

Application dismissed in the sense that the Tribunal decided not to take any action on the matter.

Orders

  • ['The Tribunal has decided not to take any action on the matter.']