Turnbull v Strange

The applicants, Turnbull and others, sought to set aside a subpoena issued to a public sector agency, the respondent, which required the disclosure of personal information. The dispute concerned the application of the *Privacy and Personal Information Protection Act 1998* (NSW) to information sought by subpoena. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the Court were whether the information sought by the subpoena constituted "personal information" as defined by the Act, and if so, whether the subpoena should be set aside on the basis that it required the disclosure of such information by a public sector agency contrary to the provisions of the Act. Specifically, the Court considered the meaning of "information or an opinion… about an individual" within the context of recorded conversations.

The Court reasoned that the definition of "personal information" under section 4 of the *Privacy and Personal Information Protection Act 1998* (NSW) encompassed information or an opinion about an identified or reasonably identifiable individual. It found that recorded conversations, which contained information about individuals, fell within this definition. However, the Court also considered section 18 of the Act, which permits the disclosure of personal information in certain circumstances, including where required by law. The Court concluded that a subpoena issued by a court constituted a requirement by law for the disclosure of information. Therefore, despite the information being personal information, the subpoena was not invalid on that basis.

Consequently, the Court of Appeal granted the applicants leave to appeal but ultimately dismissed the appeal, ordering the applicants to pay the respondent's costs.