AEZ v Commissioner of Police. NSW Police Force (No 2)

The applicant, AEZ, sought an order for the NSW Police Force to delete certain personal information held about her. This case was heard in the Civil and Administrative Tribunal of New South Wales. The applicant argued that the information held was excessive, irrelevant, and constituted an invasion of her privacy. The Commissioner of Police, on behalf of the NSW Police Force, contended that the information was necessary for the proper discharge of its statutory duties.

The court was required to determine whether the information held by the police force constituted personal information under the Privacy and Personal Information Protection Act 1998 (NSW), and if so, whether the retention of such information was justified. The key issue was whether the police force had a lawful reason to retain the personal information, and whether the retention was proportionate to the purpose for which the information was collected.

The tribunal found that the information held by the police force did constitute personal information under the Act. However, it also found that the retention of the information was justified, as it was necessary for the proper performance of the police force's functions, including the investigation of criminal activity and the prevention of crime. The tribunal concluded that the police force had a legitimate interest in retaining the information, and that the retention was proportionate to the purpose for which the information was collected. The application was dismissed.

In dismissing the application, the tribunal made no orders for the deletion of the personal information held by the police force. The decision underscores the balance that must be struck between an individual's right to privacy and the public interest in the retention of personal information by law enforcement agencies.