EHG v Commissioner of Police [2021] NSWCATAD 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EHG v Commissioner of Police [2021] NSWCATAD 54 Hearing dates: On the papers Date of orders: 9 March 2021 Decision date: 09 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: The Tribunal orders the Commissioner of Police to: (1) formally apologised to EHG in writing for the unauthorised disclosure of his personal information as found in these reasons; (2) to remind staff of the importance of correctly recording email addresses and of addressing emails correctly, with reference to all internal policies relevant to those actions; and, (3) to advise EHG and the Tribunal of the actions taken within 6 months. Catchwords: ADMINISTRATIVE LAW – Administrative review of conduct under the Privacy and Personal Information Protection Act 1998 – whether personal information disclosed in breach of s 18 and 19 of the Privacy and Personal Information Protection Act 1998 – personal information sent by email to incorrect email address – non-application of Electronic Transactions Act 2000 – meaning of disclosure - sending email containing personal information to incorrect email address disclosed personal information to recipient of email. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Criminal Records Act 1991 Electronic Transactions Act 2000 Government Information (Public Access) Act 2010 Privacy and Personal Information Protection Act 1998 Cases Cited: AFC v The Sydney Children's Hospital Specialty Network (Randwick and Westmead) [2012] NSWADT 189 AIF v University of Western Sydney [2013] NSWADT 20 AIN v Medical Council of New South Wales [2017] NSWCATAP 23 AKL v University of Western Sydney [2013] NSWADT 147 Bauen Constructions Pty Ltd v Sky General Services Pty Ltd & Anor [2012] NSWSC 1123 Bevege v Commissioner of Police [2014] NSWCATAD 22 CWS v NSW Department of Education [2017] NSWCATAD 287 Department of Education and Training v GA (No.3) [2004] NSWADTAP 50 Department of Education and Training v ZR (No 2) (GD) [2009] NSWADTAP 44 DQF v Information and Privacy Commission [2020] NSWCATAD 209 DQJ v Secretary, Department of Family and Community Services [2019] NSWCATAD 138 BLW v Nepean Blue Mountains Local Health District [2015] NSWCATAD 184 GQ v Department of Education and Training (No 2) [2008] NSWCATAD 319 KO & KP v Commissioner of Police, New South Wales Police [2005] NSWADT 18 KP v Narrandera Shire Council [2011] NSWADTAP 15 LN v Sydney South West Area Health Service [2009] NSWADT 278 Nasr v New South Wales [2007] NSWCA 101 Singh v Legal Aid New South Wales [2014] NSWIRComm 1016 Texts Cited: None Category: Principal judgment Parties: EHG (Applicant) Commissioner of Police (Respondent) Representation: EHG (Applicant – self represented) Norton Rose Fulbright (Respondent) File Number(s): 2020/00119277 Publication restriction: None