AFC v Sydney Children's Hospital Speciality Network

The case of AFC versus Sydney Children’s Hospitals Network was heard before the Information and Privacy Commission of New South Wales. The Applicant, AFC, alleged that the Agency, Sydney Children's Hospital Speciality Network, had breached the collection principles set out in section 10 of the Privacy and Personal Information Protection Act 1998 (NSW). AFC sought a review of the Agency's actions, claiming that the Agency had improperly collected personal information from them.

The legal issues before the court included the interpretation of what constituted "personal information" and "health information" under the Act, as well as the scope of review available in this case. The court had to determine whether the collection of information by the Patients Friend from AFC fell within the definition of personal information, and if the Agency had breached any of the collection principles outlined in section 10 of the Act.

The court found that the Agency had indeed breached the collection principles when the Patients Friend collected personal information from AFC. However, the court was not satisfied that the other breaches alleged by AFC had been made out. The court considered the definitions of personal information and health information, and concluded that the information collected did constitute personal information. The court also examined the scope of review available and determined that it was appropriate to review the Agency's actions in this case.

The orders made by the court included a finding that the Agency had breached the collection principles in section 10, and that AFC should file and serve submissions and materials by a specified date. The Agency was also required to file and serve submissions and materials in reply by a later date, and the Privacy Commissioner was given a deadline to file and serve any submissions.