Smallbone v New South Wales Bar Association

In the Federal Court of Australia, Smallbone v New South Wales Bar Association dealt with a dispute over the right of access to personal information held by the respondent, New South Wales Bar Association, regarding the applicant’s application for appointment as Senior Counsel. The applicant sought access to information collected by the respondent during the selection process, which the respondent had assured would be kept confidential. The central legal issue was whether the provision of such access would unreasonably impact the privacy of other individuals, in accordance with the National Privacy Principle 6.1(c). The applicant argued that there would be no unreasonable impact, while the respondent contended that any disclosure would infringe on the privacy of third parties who provided information about the applicant.

The court assessed the matter by considering whether the disclosure would have an unreasonable impact on the privacy of other individuals. It noted that while NPP 6.1(c) provides an exception to the general rule that access must be provided, it is not an absolute exemption. The court held that the decision to provide access must be made based on a practical judgment considering all circumstances, including the expectation of confidentiality, the extent of privacy impact, and whether masking identifying details could protect privacy. The court concluded that the applicant was entitled to access to the information, except where it involved the identities of the third parties who provided the information or other applicants for Senior Counsel. This decision was grounded in the understanding that the principle allows for exceptions based on the specific context and potential impacts on privacy.

The court ordered the respondent to provide the applicant with access to the collected personal information, excluding certain details that could identify third parties and other applicants. It further ordered that the respondent could not destroy or dispose of the information for seven days after the applicant completed their inspection or access. Additionally, the respondent was restrained from making any adverse determination of the applicant’s application within seven days of the inspection or access. The court also granted liberty to the parties to apply for further directions regarding the execution of these orders or for extensions or amendments concerning time limits. The proceeding was stood over to determine any disputed questions about costs.