EEH v NSW Self Insurance Corporation

In the matter of EEH versus the NSW Self Insurance Corporation, the dispute centred on the alleged non-compliance of the respondent with certain Information Privacy Principles (IPPs) under the Privacy and Personal Protection Act. The case was heard in the Administrative Appeals Tribunal (AAT). The applicant, EEH, contended that the respondent had collected and held personal information in breach of IPPs 1, 2 and 5. Additionally, EEH claimed that the respondent had failed to comply with IPP 2, and had contravened IPP 5 by not adhering to the requirements of the State Records Act. The applicant sought orders for the respondent to redact or delete the personal information in breach of the IPPs, provide a formal apology, and notify the applicant of compliance with the orders.

The central legal issues before the court were whether the respondent had indeed collected and held personal information in contravention of IPPs 1, 2 and 5, and if so, what remedies were appropriate. The court had to determine whether the respondent had collected the information for the purposes of the Privacy and Personal Protection Act, and whether the respondent had complied with IPP 2 and the State Records Act. The applicant argued that the respondent's actions had caused harm, distress, loss and embarrassment, and sought appropriate orders to address these issues.

The tribunal found that the respondent had collected and held personal information in breach of IPPs 1, 2 and 5, and had failed to comply with IPP 2 and the State Records Act. The tribunal held that the respondent's actions had caused harm, distress, loss and embarrassment to the applicant. Consequently, the tribunal ordered the respondent to permanently and securely redact or delete all of the applicant's personal information which had been found to be collected and/or held in breach of the IPPs. Furthermore, the tribunal ordered the respondent to provide the applicant with an unreserved formal written apology addressing and apologising for the respondent's breaches of the IPPs and for all harm, distress, loss and embarrassment caused to the applicant. The tribunal also ordered the respondent to notify the applicant of its compliance with the orders.