WT v Auburn Council [2007] NSWADT 253

WT v Auburn Council [2007] NSWADT 253

The respondent accepted that its disclosure of the applicant's documents to Moray & Agnew Solicitors was contrary to s.18 of the Privacy and Personal Information Protection Act 1998. The applicant did not prove financial loss because his personal injury settlement claim and any opportunity to recover solicitor's costs were speculative and had not been lost. However, the Tribunal accepted that the disclosure caused or contributed to depression and anxiety and increased medication costs. Given the impact on the applicant, the statutory limit, and the discretionary nature of the remedy, $5,000 was appropriate compensation under s.55(2)(a).

Jurisdiction
Australia
Judgment Date
18 October 2007
Procedural Posture
Application for Review of Conduct Under the Privacy and Personal Information Protection Act 1998 / Principal Matter; Review Under S.55(1) Following Internal Review
Outcome
Application allowed in part; damages awarded for psychological harm; claimed financial loss not established.
Legal Topics
['information Protection Principles' 'disclosure of Personal Information' 'internal Review' 'damages for Psychological Harm' 'financial Loss and Causation']
['privacy Law' 'administrative Law'] ['information Protection Principles' 'disclosure of Personal Information' 'internal Review' 'damages for Psychological Harm' 'financial Loss and Causation']

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Procedural Posture

Application for Review of Conduct Under the Privacy and Personal Information Protection Act 1998 / Principal Matter; Review Under S.55(1) Following Internal Review

Legal Issues

  1. 1 ["Whether Auburn Council's disclosure of documents containing the applicant's personal information to Moray & Agnew Solicitors breached s.18 of the Privacy and Personal Information Protection Act 1998." 'Whether the applicant suffered financial loss because of the disclosure.' 'Whether the applicant suffered psychological harm because of the disclosure.' 'Whether the Tribunal should exercise its discretion to order damages under s.55(2)(a) of the Privacy and Personal Information Protection Act 1998, and in what amount.']

Ratio Decidendi

The respondent accepted that its disclosure of the applicant's documents to Moray & Agnew Solicitors was contrary to s.18 of the Privacy and Personal Information Protection Act 1998. The applicant did not prove financial loss because his personal injury settlement claim and any opportunity to recover solicitor's costs were speculative and had not been lost. However, the Tribunal accepted that the disclosure caused or contributed to depression and anxiety and increased medication costs. Given the impact on the applicant, the statutory limit, and the discretionary nature of the remedy, $5,000 was appropriate compensation under s.55(2)(a).

Court Disposition

Application allowed in part; damages awarded for psychological harm; claimed financial loss not established.

Orders

  • ['Pursuant to section 55(2)(a) of the Privacy and Personal Information Protection Act 1998, the Auburn Council is to pay to the applicant damages in the sum of $5,000.']