EG v Commissioner of Police, New South Wales Police Service [2003] NSWADT 150

CITATION: EG v Commissioner of Police, New South Wales Police Service [2003] NSWADT 150 DIVISION: General Division APPLICANT EG PARTIES: RESPONDENT C Capper, advocate OFFICE OF THE PRIVACY COMMISSIONER Dr J Gaudin, legal officer FILE NUMBER: 023308 HEARING DATES: 25/03/2003 SUBMISSIONS CLOSED: 03/25/2003 DATE OF DECISION: 06/24/2003

BEFORE: Hennessy N - Magistrate (Deputy President) APPLICATION: Privacy - information protection principle - disclosure to third party MATTER FOR DECISION: Preliminary matter Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 LEGISLATION CITED : Police Service Act 1990 Privacy & Personal Information Protection Act 1998 Privacy and Personal Information Protection Regulation 2000 CASES CITED: Y v Director General, Department of Education & Training [2001] NSWADT 149 Kingston v Keprose Pty Ltd (1987) 11 NSWLR 404 APPLICANT In person REPRESENTATION: RESPONDENT C Capper, advocate OFFICE OF THE PRIVACY COMMISSIONER Dr J Gaudin, legal officer ORDERS: 1. The information in the first paragraph of the undated letter from the agency to the Legal Practitioners Admission Board is "personal information" within the meaning of that term in s 4 of the Privacy and Personal Information Protection Act 1998. ; 2. The information in the second paragraph of the undated letter from the agency to the Legal Practitioners Admission Board is not "personal information" within the meaning of that term in s 4 of the Privacy and Personal Information Protection Act 1998. Consequently the Tribunal has no jurisdiction to review the agency's conduct in disclosing that information.; 3. The information in the third paragraph of the undated letter from the agency to the Legal Practitioners Admission Board is "personal information" within the meaning of that term in s 4 of the Privacy and Personal Information Protection Act 1998. ; 4. Registry to re-list the matter for a further planning meeting on a date to be fixed in consultation with the Tribunal, the parties and the Privacy Commissioner.