A recent decision of the NSW Civil and Administrative Tribunal
(Tribunal) has provided further clarification on
when 'information' is 'health information', rather
than 'personal information', for the purpose of NSW privacy
law.
In EIG v North Sydney Council [2022] NSWCATAD 127, the
Tribunal found that North Sydney Council had contravened two Health
Privacy Principles (HPPs) in relation to the
manner in which it collected and disclosed information regarding an
individual's absence from meetings which was 'health
information' and not merely 'personal information'.
Background
Prior to the outbreak of the COVID-19 pandemic, Councillors of
NSW Councils, including, North Sydney
Council (the Council), were not permitted to
participate in Council meetings remotely due to the operation of
various Acts, Regulations and Codes.
