Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: CLT v Department of Education and Communities (No 2) [2016] NSWCATAD 124 Hearing dates: On the papers Date of orders: 21 June 2016 Decision date: 21 June 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Renwick SC, Senior Member Decision: (1) Pursuant to s 55(2) of the Privacy and Personal Information Protection Act, the Tribunal decides not to take any action on the matter.
(2) The proceedings are otherwise dismissed with no order as to costs.
Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – PRIVACY – Privacy and Personal Information Protection Act 1998 (NSW) – IPP 5 – Department lost medical certificate but information not disclosed – no breach of IPP 5 as safeguards reasonable – orders made Legislation Cited: Privacy and Personal Information Protection Act 1998 (NSW) Category: Principal judgment Parties: CLT (Applicant)
Department of Education and Communities (Respondent)Representation: CLT (Applicant in person)
File Number(s): 1410460 Publication restriction: None
Reasons for decision
Introduction
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Section 55(2) of the Privacy and Personal Information Protection Act 1998 relevantly provides ‘On reviewing the conduct of the public sector agency concerned, the Tribunal may decide not to take any action on the matter,…’.
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On 18 May 2016, in the principal decision in this matter, [2016] NSWCATAD 98, I concluded that there had been no breach of Information Privacy Principle 5 or Health Privacy Principle 5, and that, subject to further submissions being received, I proposed to accept the respondent’s submissions not to take any action on the matter pursuant to s 55(2).
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In response to a timetable for filing submissions, no submissions were filed on behalf of the applicant, and the respondent maintained its position.
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I accept the respondent’s submissions. Accordingly, the orders of the Tribunal are:
(1) Pursuant to s 55(2) of the Privacy and Personal Information Protection Act, the Tribunal decides not to take any action on the matter.
(2) The proceedings are otherwise dismissed with no order as to costs.
I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales.
Registrar
- AGLC
- CLT v Department of Education and Communities (No 2) [2016] NSWCATAD 124
- Case
- [2016] NSWCATAD 124
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the Department's actions in losing the medical certificate constituted a breach of IPP 5. Specifically, the court needed to consider whether the Department had taken reasonable steps to protect the personal information in the certificate. The court also had to assess whether the safeguards implemented by the Department were sufficient to ensure the personal information was not misused, lost, or disclosed without authorisation.
The court found that while the Department did lose the medical certificate, it had taken reasonable steps to protect the personal information it contained. The Department had implemented various safeguards, including secure storage, restricted access, and regular audits, which the court deemed sufficient to protect the information. Given these safeguards, the court concluded that the loss of the certificate did not amount to a breach of IPP 5. Consequently, the Tribunal decided not to take any action on the matter. The proceedings were dismissed with no order as to costs.
Orders
Orders of the court
(1) Pursuant to s 55(2) of the Privacy and Personal Information Protection Act, the Tribunal decides not to take any action on the matter.
(2) The proceedings are otherwise dismissed with no order as to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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