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

APPLICANT PARTIES: 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

Macquarie University v FM [2005] NSWCA 192 CASES CITED: NS v Commissioner, Department of Corrective Services [2004] NSWADT 263 NX v Office of the Director of Public Prosecutions [2005] NSWADT 74

APPLICANT In person REPRESENTATION: 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