DTN v Commissioner of Police, NSW Police Force (No 2)

DTN sought review of a decision by the Commissioner of Police, NSW Police Force, that refused access to personal information held about DTN. The dispute centred on whether certain health-related information held by the Commissioner was exempt from disclosure under the Government Information (Public Access) Act 2009 (GIPA). The matter was heard by the Information and Privacy Commission of New South Wales (IPC).

The central legal issue was whether the health information at issue was exempt from disclosure under the GIPA Act due to the exception concerning information about an individual’s suitability for appointment or employment. DTN argued that the information was not exempt because it was not relevant to the individual’s current suitability for employment but rather related to historical health issues. The Commissioner contended that the information was relevant to ongoing employment considerations, thus exempt from disclosure.

The IPC found that the information was exempt from disclosure under the GIPA Act. The Tribunal concluded that the health information was relevant to assessing DTN’s suitability for employment, despite the information being historical. The Tribunal determined that the content and context of the information, as well as its potential impact on employment suitability, justified its classification as exempt. Consequently, the Tribunal affirmed the Commissioner’s decision to refuse access to the information.