NSW NCAT wants me to tell them what orders I want for privacy application

[Stratus]

I lodged an NCAT application in regard to breaches of the Privacy and Personal Information Protection Act. During proceedings the respondent was directed by the tribunal to provide me with my personal information (which they were withholding) and to correct my personal information (which they had been refusing to do). The respondent has now done so.

The tribunal now wants to know what orders I want the tribunal to make before setting a date for the hearing. I know what I want but don't know how to frame it into an order for the tribunal to make.

Since the beginning the respondent has been and remains very difficult and will not concede anything. They still claim they are not required to provide access to my personal information. The tribunal advises they will not make an order that I'm entitled to access my personal information as it's already provided under legislation. Fair enough but it doesn't deal with the ongoing refusal of the respondent in accepting that I was and am entitled to access my personal information and have it corrected. It also doesn't deal with an issue whereby the respondent wrote to the Information and Privacy Commissioner making unfounded and incorrect claims about their internal review when I first made a complaint. The respondent basically claimed my complaint was without merit and won't change the outcome. It also doesn't deal with a new issue whereby that incorrect information is now being used by a third party to make a claim against me.

Am I supposed to withdraw my application here? It doesn't seem right that it took so much effort and time to get access to and have my personal information corrected and that there are no consequences for a respondent being difficult and refusing to comply with legislation until ordered to do so.

 

[Rod]

Difficult to know without specific details.

You'd likely benefit by having a 1 to 2 hour consultation with a lawyer.

Possible examples of orders:

1. The respondent must cooperate with the applicant to correct all incorrect information the respondent provided to all 3rd parties.
2. The applicant may identify and inform the respondent of 3rd parties who have received incorrect information about the respondent.
3. The respondent will indemnify the applicant for claims made against the applicant as a result of the respondent providing incorrect information to a 3rd party.
4. The respondent is to pay the applicant's reasonable costs of the application.

Legal fees are not generally payable however if the organisation has acted egregiously or with malice, you have a chance. NB: Malice has a legal definition and is not the same common meaning of the word.

Some of the examples I provided above may not be possible hence why you should consult with a lawyer.

 

[Stratus]

Thank you Rod for the above suggestions. They were useful in formulating a reply.