Gone fishin': The Privacy Act as another means of attack

Key Points:

The Privacy Act can be used as a fishing expedition for potential plaintiffs.

More and more, we're seeing the access provisions in the Privacy Act 1988 (Cth) used as an another means of attack, rather than as an end in themselves – for example, disappointed job applicants might want to see why they were unsuccessful, and then use that information for litigation. A recent high-profile case, Smallbone v New South Wales Bar Association [2011] FCA 1145, is a clear example of this growing tend.

It also gives some useful guidance on when access can be limited because it would have an unreasonable impact upon others' privacy.

The application for Senior Counsel and the Privacy Act