SW v Forests NSW

[2006] NSWADT 74

CITATION:	SW v Forests NSW [2006] NSWADT 74 This decision has been amended. Please see the end of the decision for a list of the amendments.
DIVISION:	General Division
PARTIES:	APPLICANT SW RESPONDENT Forests NSW
FILE NUMBER:	053322
HEARING DATES:	28/02/2006
SUBMISSIONS CLOSED:	02/28/2006
DATE OF DECISION:	03/13/2006
BEFORE:	Handley R - Judicial Member
CATCHWORDS:	Privacy - information protection principle - collection - unnecessary - Privacy - information protection principle - disclosure to third party
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Privacy & Personal Information Protection Act 1998
CASES CITED:	Macquarie University v FM [2005] NSWCA 192 NS v Commissioner, Department of Corrective Services [2004] NSWADT 263 NX v Office of the Director of Public Prosecutions [2005] NSWADT 74
REPRESENTATION:	APPLICANT In person RESPONDENT G Mitchell, agent
ORDERS:	(1) I find that Forests NSW contravened sections 8, 10, 11, 16 and 18 of the Privacy and Personal Information Protection Act 1998; (2) Forests NSW will provide SW with an unreserved public apology in respect of these contraventions and provide SW with the following undertakings: (a) to delete or destroy the relevant photographic images currently stored electronically on the officer’s computer; (b) to check whether any further copy of these images exists as a result of the ‘backing up’ of electronic data, and if a copy or copies does exist, to undertake further that these images will be deleted or destroyed; (3) Forests NSW will review its privacy policy and make such changes as are necessary to ensure that personal information in the form of photographic images is included, the implementation of such changes to include appropriate staff training; (4) SW’s claim for an award of damages is refused; (5) SW’s application for costs is refused

1 SW claims that Forests NSW contravened the Privacy and Personal Information Protection Act 1998 (‘the PPIP Act’) by taking inappropriate photographs of her and storing and publishing these. On an internal review, Forests NSW acknowledged that it may have breached some provisions of the PPIP Act, offered an unreserved apology and undertook to take other remedial action. SW applied to the Tribunal for a further review.

Background

2 SW, who is an expert in rainforest vegetation, is a member of a community organisation whose objectives include increasing community understanding of and participation in forest issues on the Central Coast of NSW. In early 2004, Forests NSW invited SW, at its expense, to accompany one of its officers and two other representatives of community organisations to a public meeting in Victoria on an experimental community forest management project (‘the Wombat project’), and to make a presentation at the meeting. SW agreed and claims there was discussion between the Hunter Regional Manager of Forests NSW and SW about Forests NSW taking photographs of SW at the meeting for publicity purposes. Shortly before leaving for the meeting, the Regional Manager, who was to attend the meeting with the three community organisation members and who had made the arrangements, was unable to…