HP v Hunter New England Area Health Services [2009] NSWADT 186

CITATION: HP v Hunter New England Area Health Services [2009] NSWADT 186

DIVISION: General Division

APPLICANT HP PARTIES: RESPONDENT Hunter New England Area Health Services

FILE NUMBER: O83225

HEARING DATES: 27 March 2009

SUBMISSIONS CLOSED: 27 March 2009

DATE OF DECISION: 16 July 2009

BEFORE: Higgins S - Judicial Member

CATCHWORDS: Privacy – information protection principle – disclosure to third party

LEGISLATION CITED : Privacy and Personal Information Protection Act 1998

Commissioner of Police, New South Wales Police v EG (GD) [2004] NSWADTAP 10 FM and FN v Department of Community Services [2008] NSWADT 288 GR v Department of Housing (No.2) [2005] NSWADT 301 JD v NSW Medical Board (No.2) [2006] NSWADT 345 CASES CITED: NW v NSW Fire Brigade (No.2) [2006] NSWADT 61 NZ v Director General Department of Housing [2006] NSWADT 173 RD v Department of Education and Training [2005] NSWADT 195 Re Rummery & The Federal Privacy Commissioner & Anor [2004] AATA 1221 University of New South Wales v PC (GD) [2008] NSWADTAP 26 WT v Auburn Council [2008] NSWADTAP 16

APPLICANT In person REPRESENTATION: RESPONDENT P Rooney, barrister

ORDERS: Pursuant to section 55(2)(a) of the Privacy and Personal Information Protection Act 1998, the respondent to pay to the applicant damages in the sum of $2,500.

REASONS FOR DECISION Introduction 1 HP has sought review of conduct by the respondent, the Hunter New England Area Health Services. The conduct, HP contended was a breach of the disclosure information protection principle under the Privacy and Personal Information Protection Act 1998 ('the PPIP Act'). There is no dispute that on 10 January 2008, Ms A, an oncology social worker employed by the respondent, disclosed to Ms B, property manager of the Australian Rail Track Corporation ('the Corporation'), that HP was 'living happily in [name of town]'. What is in dispute is: