Webb v iCare NSW [2023] NSWCATAD 230

Webb v iCare NSW [2023] NSWCATAD 230

The Applicant's name and the fact that she physically submitted the GIPA application for NSWFOI were her personal information. The Respondent acknowledged disclosure of that information. The Applicant was not the GIPA access applicant, NSWFOI was a separate legal person, and the Respondent did not establish that the Applicant expressly consented to disclosure of her personal information or that s 54 of the GIPA Act permitted, necessarily implied or reasonably contemplated disclosure of personal information of an individual who was not the GIPA access applicant. No s 18(1) exception was advanced. The correct and preferable decision was therefore that the Respondent breached IPP 11.

Jurisdiction
Australia
Judgment Date
24 August 2023
Procedural Posture
Administrative Review Under Ss 53 and 55 of the Privacy and Personal Information Protection Act 1998 (nsw) / Final Substantive Decision After Internal Review Decision
Outcome
The internal review decision dated 17 August 2022 was set aside and the Tribunal found that the Respondent breached IPP 11 in relation to the Applicant's personal information.
Legal Topics
['privacy and Personal Information Protection Act 1998 (nsw)' 'government Information (public Access) Act 2009 (nsw)' 'information Protection Principle 11' 'disclosure of Personal Information' 'gipa Third Party Consultation' 'express Consent' 'exemptions From Compliance With Information Protection Principles' 'administrative Review' 'remedies for Privacy Breach']
['administrative Law' 'privacy Law' 'government Information Access'] ['privacy and Personal Information Protection Act 1998 (nsw)' 'government Information (public Access) Act 2009 (nsw)' 'information Protection Principle 11' 'disclosure of Personal Information' 'gipa Third Party Consultation' 'express Consent' 'exemptions From Compliance With Information Protection Principles' 'administrative Review' 'remedies for Privacy Breach']

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Procedural Posture

Administrative Review Under Ss 53 and 55 of the Privacy and Personal Information Protection Act 1998 (nsw) / Final Substantive Decision After Internal Review Decision

Legal Issues

  1. 1 ["Whether the Respondent breached IPP 11/s 18 of the Privacy and Personal Information Protection Act 1998 (NSW) by disclosing the Applicant's personal information to third parties." 'Whether the Applicant expressly consented to disclosure of her personal information so that s 26(2) of the Privacy and Personal Information Protection Act 1998 (NSW) exempted the Respondent from compliance with IPP 11.' 'Whether s 25(b) of the Privacy and Personal Information Protection Act 1998 (NSW) exempted the Respondent from compliance with IPP 11 because disclosure was permitted, necessarily implied or reasonably contemplated by s 54 of the Government Information (Public Access) Act 2009 (NSW).' 'What remedies should be ordered if a breach of IPP 11 was established.']

Ratio Decidendi

The Applicant's name and the fact that she physically submitted the GIPA application for NSWFOI were her personal information. The Respondent acknowledged disclosure of that information. The Applicant was not the GIPA access applicant, NSWFOI was a separate legal person, and the Respondent did not establish that the Applicant expressly consented to disclosure of her personal information or that s 54 of the GIPA Act permitted, necessarily implied or reasonably contemplated disclosure of personal information of an individual who was not the GIPA access applicant. No s 18(1) exception was advanced. The correct and preferable decision was therefore that the Respondent breached IPP 11.

Court Disposition

The internal review decision dated 17 August 2022 was set aside and the Tribunal found that the Respondent breached IPP 11 in relation to the Applicant's personal information.

Orders

  • ["The Respondent's internal review decision dated 17 August 2022 is set aside." "Within fourteen (14) days of the date of these Reasons for Decision, the Respondent is to provide to the Applicant an unreserved formal written apology signed by the Chair of the Board of the Respondent, Insurance and Care NSW (known as...