EIG v North Sydney Council - [2022] NSWCATAD 127

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: EIG v North Sydney Council [2022] NSWCATAD 127
Hearing dates: 214 February 2022
Date of orders: 20 April 2022
Decision date: 20 April 2022
Jurisdiction: Administrative and Equal Opportunity Division
Before: S Dunn, Senior Member
Decision:
(1) Pursuant to s 64 Civil and Administrative Tribunal Act the publication or broadcast of the name of the Applicant in these proceedings is prohibited. Note: A reference to the name of the Applicant includes a reference to any information, picture or other material that identifies the Applicant or is likely to lead to the identification of the Applicant.
(2) Within 14 days of the date of these Reasons for Decision the Respondent is to provide an unreserved formal written apology to the Applicant addressing and apologising for the Respondent’s breaches of HPP 4 and HPP 11 in respect of the health information of the Applicant as identified in these Reasons for Decision and for all distress and embarrassment caused to the Applicant by such.
(3) Within 14 days of the date of these Reasons for Decision the Respondent must publish an anonymous notice not identifying the Applicant (in accordance with the publication restriction) in the ‘Latest News’ section of the Respondent’s website, under the heading “Council found to have committed privacy breaches” and noting Order 2 of the Tribunal in relation to the Respondent’s breaches of HPP 4 and HPP 11 and such notice must stay up for a period of 3 months from publication.

Catchwords:
ADMINISTRATIVE LAW – administrative review – personal information – health information – disclosure of health information – contravention of Health Privacy Principle 4 and Health Privacy Principle 11 – appropriate relief.

Legislation Cited:
Administrative Decisions Review Act 1997 (NSW)
Civil and Administrative Tribunal Act 2013 (NSW)
Privacy and Personal Information Act 1998 (NSW)
Health Records and Information Privacy Act 2002 (NSW)

Cases Cited:
CBL v Southern Cross University [2018] NSWCATAD 97
DED v Randwick City Council [2017] NSWCATAD 327
DQN v The University of Sydney [2019] NSWCATAD 266
EIG v North Sydney Council [2021] NSWCATAD 66
EIG v North Sydney Council [2021] NSWCATAD 313
Jackson v University of New South Wales [2018] NSWCATAD 271

Category: Principal judgment
Parties: EIG (Applicant)
North Sydney Council (Respondent)
Representation:
Counsel:
A Edwards (Respondent)
Solicitors:
Spouse of the Applicant (Applicant)
Maddocks (Respondent):

File Number(s): 2021/00279902
Publication restriction: Pursuant to s64 of the Civil and Administrative Tribunal Act 2013 the publication or broadcast of the name of the Applicant in these proceedings is prohibited. Note: A reference to the name of the Applicant includes a reference to any information, picture or other material that identifies the Applicant or is likely to lead to the identification of the Applicant.

REASONS FOR DECISION

In these reasons for decision the name of the Applicant has been anonymised so as to preserve the privacy of their personal affairs. The Applicant is referred to as the Applicant or EIG.
This is an application to the Tribunal under s…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading EIG v North Sydney Council

Details

AGLC: EIG v North Sydney Council [2022] NSWCATAD 127
Case: [2022] NSWCATAD 127
Decision Date: 20 April 2022

CaseChat Overview and Summary

The case of EIG v North Sydney Council involved a dispute regarding the handling and disclosure of personal health information. The Applicant, EIG, sought relief for the unlawful disclosure of their health information by the Respondent, North Sydney Council. The case was heard by the Civil and Administrative Tribunal of New South Wales.

The primary legal issues in this case were whether the North Sydney Council had contravened the Health Privacy Principles 4 and 11 by disclosing EIG’s personal health information without their consent and, if so, what relief should be granted. Health Privacy Principle 4 concerns the collection of personal health information from the individual, while Health Privacy Principle 11 pertains to the disclosure of personal health information.

The Tribunal found that the North Sydney Council had indeed breached Health Privacy Principles 4 and 11. The Council had collected and disclosed EIG’s personal health information without their consent, which was in direct contravention of these principles. The Tribunal held that the appropriate relief included prohibiting the publication of EIG’s name, requiring the Council to provide a formal written apology, and mandating the publication of an anonymous notice on the Council’s website acknowledging the privacy breaches. These measures were designed to ensure that the Council’s actions did not lead to further distress or embarrassment for EIG.

The final orders of the Tribunal included a prohibition on publishing EIG’s name, a requirement for the Council to deliver an unreserved formal written apology within 14 days, and the publication of an anonymous notice on the Council’s website for a period of three months. These orders were intended to address the privacy breaches and provide appropriate redress to EIG.

Orders

Orders of the court

(1) Pursuant to s 64 Civil and Administrative Tribunal Act the publication or broadcast of the name of the Applicant in these proceedings is prohibited. Note: A reference to the name of the Applicant includes a reference to any information, picture or other material that identifies the Applicant or is likely to lead to the identification of the Applicant.

(2) Within 14 days of the date of these Reasons for Decision the Respondent is to provide an unreserved formal written apology to the Applicant addressing and apologising for the Respondent’s breaches of HPP 4 and HPP 11 in respect of the health information of the Applicant as identified in these Reasons for Decision and for all distress and embarrassment caused to the Applicant by such.

(3) Within 14 days of the date of these Reasons for Decision the Respondent must publish an anonymous notice not identifying the Applicant (in accordance with the publication restriction) in the ‘Latest News’ section of the Respondent’s website, under the heading “Council found to have committed privacy breaches” and noting Order 2 of the Tribunal in relation to the Respondent’s breaches of HPP 4 and HPP 11 and such notice must stay up for a period of 3 months from publication.

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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Medium Neutral Citation:	EIG v North Sydney Council [2022] NSWCATAD 127
Hearing dates:	214 February 2022
Date of orders:	20 April 2022
Decision date:	20 April 2022
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	S Dunn, Senior Member
Decision:	(1) Pursuant to s 64 Civil and Administrative Tribunal Act the publication or broadcast of the name of the Applicant in these proceedings is prohibited. Note: A reference to the name of the Applicant includes a reference to any information, picture or other material that identifies the Applicant or is likely to lead to the identification of the Applicant. (2) Within 14 days of the date of these Reasons for Decision the Respondent is to provide an unreserved formal written apology to the Applicant addressing and apologising for the Respondent’s breaches of HPP 4 and HPP 11 in respect of the health information of the Applicant as identified in these Reasons for Decision and for all distress and embarrassment caused to the Applicant by such. (3) Within 14 days of the date of these Reasons for Decision the Respondent must publish an anonymous notice not identifying the Applicant (in accordance with the publication restriction) in the ‘Latest News’ section of the Respondent’s website, under the heading “Council found to have committed privacy breaches” and noting Order 2 of the Tribunal in relation to the Respondent’s breaches of HPP 4 and HPP 11 and such notice must stay up for a period of 3 months from publication.
Catchwords:	ADMINISTRATIVE LAW – administrative review – personal information – health information – disclosure of health information – contravention of Health Privacy Principle 4 and Health Privacy Principle 11 – appropriate relief.
Legislation Cited:	Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Privacy and Personal Information Act 1998 (NSW) Health Records and Information Privacy Act 2002 (NSW)
Cases Cited:	CBL v Southern Cross University [2018] NSWCATAD 97 DED v Randwick City Council [2017] NSWCATAD 327 DQN v The University of Sydney [2019] NSWCATAD 266 EIG v North Sydney Council [2021] NSWCATAD 66 EIG v North Sydney Council [2021] NSWCATAD 313 Jackson v University of New South Wales [2018] NSWCATAD 271
Category:	Principal judgment
Parties:	EIG (Applicant) North Sydney Council (Respondent)
Representation:	Counsel: A Edwards (Respondent) Solicitors: Spouse of the Applicant (Applicant) Maddocks (Respondent):
File Number(s):	2021/00279902
Publication restriction:	Pursuant to s64 of the Civil and Administrative Tribunal Act 2013 the publication or broadcast of the name of the Applicant in these proceedings is prohibited. Note: A reference to the name of the Applicant includes a reference to any information, picture or other material that identifies the Applicant or is likely to lead to the identification of the Applicant.