Whether a recorded conversation is personal information will
depend on what is said "about" the relevant
individual.
This was the finding of the Court of Appeal of New South Wales
in a recent case. New Zealand courts have applied a broader
interpretation.
The case
In Turnbull v Strange, 1 Mr Strange alleged
that property transfers had been made by a Mr Turnbull (now
deceased) with an intent to defraud creditors. Mr Strange was a
creditor. The transfers had been made by Mr Turnbull to his wife,
Mrs Turnbull, while he was in prison.
A subpoena was issued requiring a Property Officer of Corrective
Services to produce "audio and transcript" of recorded
conversations between Mr Turnbull and Mrs Turnbull, or Mr Turnbull
and his son. The executors of Mr Turnbull's estate and Mrs
Turnbull applied for orders that the subpoena be set aside or,
alternatively, that any documents provided to the Court not be
provided to Mr Strange.
