WL v Randwick City Council (No 2) [2010] NSWADT 84

WL v Randwick City Council (No 2) [2010] NSWADT 84

The photographs of the inside of WL's unit were personal information because, in the context in which the Council collected and held them, WL's identity as owner of the unit could reasonably be ascertained. However, Mr Kerr took the photographs while lawfully investigating alleged unauthorised building work, a function of the Council under the Environmental Planning and Assessment Act 1979; taking the photographs was reasonably necessary and was not by unlawful means because entry was with the builder's consent. The Council was also covered by the Privacy Commissioner direction for investigative functions, so the relevant collection, use and disclosure principles did not apply. Disclosure...

Jurisdiction
Australia
Judgment Date
06 April 2010
Procedural Posture
Application for External Review of Alleged Contravening Conduct Under the Privacy and Personal Information Protection Act 1998 / Determination After Remittal and Liability Hearing
Outcome
Application dismissed in substance; Tribunal determined to take no action on the matter.
Legal Topics
['information Protection Principles' 'personal Information' 'collection of Personal Information' 'disclosure of Personal Information' 'privacy Commissioner Direction' 'council Investigative Functions' 'power of Entry']
['privacy' 'administrative Law' 'local Government' 'planning and Environment'] ['information Protection Principles' 'personal Information' 'collection of Personal Information' 'disclosure of Personal Information' 'privacy Commissioner Direction' 'council Investigative Functions' 'power of Entry']

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Procedural Posture

Application for External Review of Alleged Contravening Conduct Under the Privacy and Personal Information Protection Act 1998 / Determination After Remittal and Liability Hearing

Legal Issues

  1. 1 ["Whether the photographs taken by Mr Kerr of WL's unit were personal information about WL under section 4 of the Privacy and Personal Information Protection Act 1998." "Whether Mr Kerr's collection of the photographs contravened section 8 of the Privacy and Personal Information Protection Act 1998." "Whether Mr Kerr's conduct was exempt from complying with the information protection principles by reason of a direction under section 41 of the Privacy and Personal Information Protection Act 1998." 'Whether Mr Kerr breached information protection principles in sections 9, 10, 11, 12, 17 and 18 of the Privacy and Personal Information Protection Act 1998.']

Ratio Decidendi

The photographs of the inside of WL's unit were personal information because, in the context in which the Council collected and held them, WL's identity as owner of the unit could reasonably be ascertained. However, Mr Kerr took the photographs while lawfully investigating alleged unauthorised building work, a function of the Council under the Environmental Planning and Assessment Act 1979; taking the photographs was reasonably necessary and was not by unlawful means because entry was with the builder's consent. The Council was also covered by the Privacy Commissioner direction for investigative functions, so the relevant collection, use and disclosure principles did not apply. Disclosure...

Court Disposition

Application dismissed in substance; Tribunal determined to take no action on the matter.

Orders

  • ['Pursuant to subsection 55(2) of the Privacy and Personal Information Protection Act 1998 the Tribunal determines to take no action on this matter.']