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ARTICLE · 18 JANUARY 2016

Metadata - it's not about you after all

Corrs Chambers Westgarth
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The AAT held that this metadata (network information) does not constitute "personal information" under the Privacy Act.

AustraliaPrivacy
James North
James North
Richard Pascoe
Richard Pascoe
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On 18 December 2015, the Administrative Appeals Tribunal1 held that metadata does not constitute Personal Information under the Privacy Act, thereby overturning the Privacy Commissioner's decision that Telstra hand over personal mobile data to those who requested it.

THE STORY SO FAR

Two and a half years ago Mr Ben Grubb, then a technology journalist with Fairfax, wrote to Telstra seeking access to metadata held by Telstra regarding his mobile phone service, on the basis that this constituted personal information about him and, under the Privacy Act 1988 (Cth) (Privacy Act), he was entitled to access it. At that time, the definition of personal information was:

"... information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion."2

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