Webb v iCare NSW [2023] NSWCATAD 111

Webb v iCare NSW [2023] NSWCATAD 111

The Applicant's name was personal information because a person's name is quintessentially information about that individual and the PPIP Act definition is to be construed broadly. The s 4(3)(b) exclusion did not apply merely because the Applicant's name and position appeared on a public website; in the context used here, the name was repackaged with other information and was not the same information as that contained in a publicly available publication. The information that the Applicant made the specific GIPA Act application on behalf of NSWFOI was also personal information and was not contained in a publicly available publication. The summons for Ms Gibbs-Steele retained a legitimate...

Jurisdiction
Australia
Judgment Date
15 May 2023
Procedural Posture
Administrative Review Application Under Ss 53 and 55 of the Privacy and Personal Information Protection Act 1998 (nsw) / Determination of Preliminary Issue and Respondent's Miscellaneous Application to Set Aside a Summons
Outcome
Preliminary issue determined in favour of the Applicant; Respondent's application to set aside the summons refused; matter listed for further hearing.
Legal Topics
['personal Information' 'privacy and Personal Information Protection Act 1998 (nsw)' 'government Information (public Access) Act 2009 (nsw) Applications' 'publicly Available Publication Exemption' 'summons to Appear' 'legitimate Forensic Purpose']
['administrative Law' 'privacy Law'] ['personal Information' 'privacy and Personal Information Protection Act 1998 (nsw)' 'government Information (public Access) Act 2009 (nsw) Applications' 'publicly Available Publication Exemption' 'summons to Appear' 'legitimate Forensic Purpose']

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Procedural Posture

Administrative Review Application Under Ss 53 and 55 of the Privacy and Personal Information Protection Act 1998 (nsw) / Determination of Preliminary Issue and Respondent's Miscellaneous Application to Set Aside a Summons

Legal Issues

  1. 1 ["Whether the Applicant's name was personal information falling within s 4 of the Privacy and Personal Information Protection Act 1998 (NSW)." "Whether the Applicant's name was excluded from personal information by s 4(3)(b) of the Privacy and Personal Information Protection Act 1998 (NSW) because it was contained in a publicly available publication." 'Whether information that the Applicant made a Government Information (Public Access) Act 2009 (NSW) application to the Respondent on behalf of a named organisation was personal information of the Applicant.' 'Whether that GIPA application information was excluded by s 4(3)(b) of the Privacy and Personal Information Protection Act 1998 (NSW).' 'Whether the summons for Ms Gibbs-Steele to appear should be set aside.']

Ratio Decidendi

The Applicant's name was personal information because a person's name is quintessentially information about that individual and the PPIP Act definition is to be construed broadly. The s 4(3)(b) exclusion did not apply merely because the Applicant's name and position appeared on a public website; in the context used here, the name was repackaged with other information and was not the same information as that contained in a publicly available publication. The information that the Applicant made the specific GIPA Act application on behalf of NSWFOI was also personal information and was not contained in a publicly available publication. The summons for Ms Gibbs-Steele retained a legitimate...

Court Disposition

Preliminary issue determined in favour of the Applicant; Respondent's application to set aside the summons refused; matter listed for further hearing.

Orders

  • ["The Applicant's name is 'personal information' falling with s 4 of the Privacy and Personal Protection Information Act 1998 (NSW)." "The Applicant's name is not exempted from being personal information under s 4(1) by the operation of s 4(3)(b) of the Privacy and Personal Information Protection Act 1998 (NSW)."...