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ARTICLE · 19 APRIL 2017

When is information ABOUT an individual - an update on the meaning of personal information

Norton Rose Fulbright Australia
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This case provided some guidance on the meaning of the term 'personal information', a key concept under the Privacy Act.

AustraliaPrivacy
Bernard O'Shea
Bernard O'Shea
Jamie Griffin (Formerly With Norton Rose Fulbright Australia)
Jamie Griffin (Formerly With Norton Rose Fulbright Australia)
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The Full Bench of the Federal Court has recently provided some guidance on the meaning of the term 'personal information', which is a key concept under the Privacy Act 1988 (Cth). In a unanimous decision,1 the Full Bench upheld an Administrative Appeals Tribunal (AAT) decision that found against the Privacy Commissioner, supporting Telstra's position to withhold certain mobile network data from a customer. The Federal Court decision focuses on how to determine whether information is 'about' an individual.

Background

In June 2013, Ben Grubb, a Fairfax journalist, made a request under the Privacy Act for access to "all the metadata information" held by Telstra "about (his) mobile phone service".

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