Steven R Smith v Car2Go GmbH

In the matter of *Steven R Smith v Car2Go GmbH*, the applicant, Steven R Smith, sought to have a decision of the respondent, Car2Go GmbH, set aside. The dispute concerned the respondent's refusal to provide Mr Smith with access to his personal information held by the respondent. The application was heard by Nicole Worth, acting as a delegate of the Information Commissioner.

The primary legal issue before the delegate was whether Car2Go GmbH had lawfully refused Mr Smith's request for access to his personal information under the *Privacy Act 1988* (Cth). Specifically, the delegate had to consider whether the respondent had established a valid ground for refusal under the Act, such as the information being protected by legal professional privilege or if providing access would unreasonably impact the privacy of others.

The delegate found that Car2Go GmbH had failed to adequately demonstrate that its refusal was justified under the *Privacy Act 1988*. The respondent did not provide sufficient evidence to support its claims of legal professional privilege or the potential for unreasonable impact on the privacy of others. Consequently, the delegate determined that the respondent had breached its obligations under the Act by failing to provide Mr Smith with access to his personal information.

The delegate ordered that Car2Go GmbH provide Mr Smith with access to the personal information he had requested, subject to any lawful exemptions that might apply. The respondent was also directed to notify Mr Smith of any information it intended to withhold and the reasons for doing so.