DSN v NSW Department of Justice [2019] NSWCATAD 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DSN v NSW Department of Justice [2019] NSWCATAD 174 Hearing dates: 11 July 2019 Date of orders: 23 August 2019 Decision date: 23 August 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: G Blake AM SC, Senior Member Decision: (1) The respondent perform the information protection principles in ss 12(c) and 18 of the PPIP Act thereof by placing a warning or alert on the CSNSW profiles of the applicant and the other inmate on the Offender Integrated Management System database to ensure that additional care is taken to direct mail and other correspondence correctly; (2) The respondent formally apologise to the applicant for its contravention of the information protection principles in ss 12(c) and 18 of the PPIP Act. Catchwords: ADMINISTRATIVE REVIEW – privacy and personal information – review of conduct of agency admitted to be a contravention of the information protection principles concerning personal information Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: BQ v Commissioner of Police, New South Wales Police Service [2002] NSWADT 64 DED v Randwick City Council [2017] NSWCATAD 327 Fitzpatrick v Chief Executive Officer Ambulance Service of NSW [2003] NSWADT 132 GA v Commissioner of Police (NSW) [2005] NSWADTAP 38 GR v Director-General, Department of Housing [2004] NSWADTAP 16 NS v Commissioner, Department of Corrective Services [2004] NSWADT 263 ZR v NSW Department of Education and Training [2008] NSWADT 199 Category: Principal judgment Parties: DSN (Applicant) Department of Justice (Respondent) Representation: Solicitors: DSN (Self Represented)(Applicant) R Jeyasingam, Office of General Counsel (Respondent) File Number(s): 2019/00042981 Publication restriction: With the exception of officers of the respondent, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013.Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.