RM v Queensland Police Service

The matter before the Court was a complaint by RM against the Queensland Police Service regarding alleged breaches of privacy. The dispute centred on whether certain information released by QPS constituted personal information and whether the information was used for the purpose for which it was obtained. The Court was also required to determine 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. Furthermore, the Court considered whether any consequential orders, including an apology, reimbursement of expenses incurred, and payment of compensation, ought to be made.

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.