DVT v Commissioner of Police

In the matter of DVT against the Commissioner of Police, the Applicant sought access to personal information under the provisions of the Privacy and Personal Information Protection Act 1998 (NSW) and Information Privacy Principle 7. The Applicant argued that the Respondent had breached the statutory requirements by delaying the provision of the requested information, while the Respondent attempted to unilaterally withdraw an undertaking given during the proceedings. The dispute was heard in the Information and Privacy Commission of New South Wales.

The primary legal issues before the Commission were whether the Respondent had breached the statutory obligations by delaying the provision of information and whether the Respondent's attempt to unilaterally withdraw an earlier undertaking was valid. The Commission had to determine whether the delay was excessive and whether the Respondent had the authority to unilaterally withdraw the undertaking given in the proceedings.

The Commission found that the delay in providing the requested information constituted a breach of the statutory requirements, as the Respondent had not provided the information within the time limits specified in the Act. The Commission held that the delay was excessive and constituted a breach of s14 of the Privacy and Personal Information Protection Act and Information Privacy Principle 7 in respect of the Applicant’s requests in Emails 1 to 5. However, the Commission found that the Respondent had not breached s14 of the Act in respect of the Applicant’s request in Email 6, as the information had been provided within the required time frame. The Commission also found that the Respondent's purported unilateral withdrawal of the undertaking was not valid, and the undertaking remained in place and effective as against the Respondent.

The Commission ordered that the Respondent had breached s14 of the Privacy and Personal Information Protection Act in respect of the Applicant’s requests in Emails 1 to 5. The Commission directed the parties to file and serve submissions as to remedy, not exceeding five pages, within 14 days of the date of these Reasons for Decision. The Respondent was to file and serve submissions as to remedy within 14 days after receipt of the Applicant's submissions as to remedy. The matter was to be relisted for directions before Senior Member Christie as to remedy on 1 June 2021 at 9:30 am. The Commission also directed the Principal Registrar of the Tribunal to forward a copy of these Reasons for Decision to the NSW Legal Services Commissioner for such action as the Commissioner may consider appropriate.