SF v Shoalhaven City Council [2013] NSWADT 94

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: SF v Shoalhaven City Council [2013] NSWADT 94 Hearing dates: 21 May 2012, 20 June 2012 and 9 August 2012 Decision date: 02 May 2013 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: 1. The Council is to refrain from any conduct or action in contravention of an information protection principle or a privacy code of practice; 2. The Council is to render a written apology to the Applicant for the breaches, and advise him of the steps to be taken by the Council to remove the possibility of similar breaches in the future. Catchwords: Privacy - personal information - information protection principle - Collection - lawful purpose - relevant to purpose - excessive - retention and security - law enforcement purpose Legislation Cited: Administrative Decisions Tribunal Act 1997 Privacy and Personal Information Protection Act 1998 Cases Cited: AF v Minister for Health; Minister for Health v AF [2012] NSWADTAP Department of Education and Communities VK [2011] NSWADTAP 61 GA v Department of Education and Training and NSW Police (No 3) [2005] NSWADT 70 HW v Commissioner of Police, New South Wales Police Service and Anor [2003] NSWADT 214 JD v Department of Health [2005] NSWADTAP 44 at [42] JD v Medical Board (NSW) [2005] NSWADT 247 at [79]. KJ v Wentworth Area Health Service [2004] NSWADT 84 MT v Department of Education & Training [2004] NSWADT 194 SB v Roads & Traffic Authority [2010] NSWADT 255. SF v Shoalhaven City Council [2011] NSWADT 6 ZR v Department of Education and Training (GD) [2010] NSWADTAP 75 Category: Principal judgment Parties: SF (Applicant) Shoalhaven City Council (Respondent) Representation: SF (Applicant in person) C Tipene, Sparke Helmore Lawyers (Respondent) J McAteer, Deputy Privacy Commissioner File Number(s): 113171