| CITATION: | RM v Queensland Police Service [2017] QCAT 71 |
| PARTIES: | RM (Applicant) |
| v | |
| Queensland Police Service (Respondent) |
| APPLICATION NUMBER: | OCL036-15 |
| MATTER TYPE: | Other civil dispute matters |
| HEARING DATE: | 26 February 2016 and 13 May 2016 Written submissions filed 24 May 2016, 14 June 2016 and 20 June 2016 |
| HEARD AT: | Brisbane |
| DECISION OF: | Member Deane |
| DELIVERED ON: | 7 March 2017 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The complaint that Queensland Police Service breached Privacy Principles 4, 9 and 11 is not substantiated and is dismissed. 2. The complaint that Queensland Police Service breached Privacy Principle 10 is substantiated 3. The act of sending an email on 13 September 2012 at 4.52pm was an interference with RM’s privacy and Queensland Police Service must not repeat the act. 4. Queensland Police Service must provide to RM a written apology for the interference with RM’s privacy by 4:00pm on 10 April 2017. 5. Queensland Police Service must reimburse RM the sum of $4,400 for expenses reasonably incurred by 4:00pm on 10 April 2017. 6. Queensland Police Service must pay RM compensation in the sum of $5,000 by 4:00pm on 10 April 2017. |
| CATCHWORDS: | HUMAN RIGHTS – PRIVACY – Information Privacy – whether information released was personal information – whether information was used for the purpose for which it was obtained – whether an employee sending the offending email constitutes use or disclosure – whether QPS took all reasonable steps to prevent unauthorised use or disclosure – whether consequential orders ought be made including an apology, re-imbursement of expenses incurred and payment of compensation Information Privacy Act 2009 (Qld), s 3, s 6, JL v Queensland Police Service [2014] QCAT 623 |
APPEARANCES:
| APPLICANT: | RM |
| RESPONDENT: | Queensland Police Service |
REPRESENTATIVES:
| APPLICANT: | RM in person |
| RESPONDENT: | Queensland Police Service represented by Ms SD Anderson of Counsel instructed by Public Safety Business Agency |
REASONS FOR DECISION
RM is a former member of the Queensland Police Service (QPS). RM claims that while employed by the QPS another member of the QPS, CF, sent an email containing RM’s personal information, including information about RM’s health and in doing so the QPS breached information privacy principles (IPP) 4, 9, 10 and 11 as provided for in the Information Privacy Act 2009 (Qld) (the Act). RM seeks a variety of orders, including a written apology, compensation in the amount of $100,000 and reimbursement for expenses reasonably incurred under section 178 of the Act.
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- Case
- [2017] QCAT 71
- Decision Date
CaseChat Overview and Summary
The legal issues the Court needed to address included the interpretation of Privacy Principles 4, 9, 10 and 11 under the Information Privacy Act 2009 (Qld). The Court had to determine whether the information in question was personal information and whether it was used for the purpose for which it was obtained. Additionally, the Court needed to decide whether the act of sending an email by an employee constituted use or disclosure of personal information, and whether QPS took all reasonable steps to prevent unauthorised use or disclosure. The Court also considered whether any consequential orders, including an apology, reimbursement of expenses incurred, and payment of compensation, ought to be made.
The Court found that the complaint regarding breaches of Privacy Principles 4, 9 and 11 was not substantiated and dismissed the complaint. However, the Court substantiated the complaint regarding a breach of Privacy Principle 10, holding that the act of sending an email on 13 September 2012 at 4.52pm was an interference with RM's privacy. The Court held that QPS must not repeat the act and must provide RM with a written apology, reimbursement of expenses incurred, and compensation. The Court ordered QPS to provide a written apology and reimburse RM the sum of $4,400 for expenses reasonably incurred by 4:00pm on 10 April 2017. Additionally, QPS was ordered to pay RM compensation in the sum of $5,000 by the same date.
Orders
Orders of the court
1. The complaint that Queensland Police Service breached Privacy Principles 4, 9 and 11 is not substantiated and is dismissed.
2. The complaint that Queensland Police Service breached Privacy Principle 10 is substantiated
3. The act of sending an email on 13 September 2012 at 4.52pm was an interference with RM’s privacy and Queensland Police Service must not repeat the act.
4. Queensland Police Service must provide to RM a written apology for the interference with RM’s privacy by 4:00pm on 10 April 2017.
5. Queensland Police Service must reimburse RM the sum of $4,400 for expenses reasonably incurred by 4:00pm on 10 April 2017.
6. Queensland Police Service must pay RM compensation in the sum of $5,000 by 4:00pm on 10 April 2017.
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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