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Based on Legge v Network Strata Services Pty Ltd (Strata and Community Schemes) [2013] NSWCTTT 45 (8 January 2013.
I am not satisfied that an address for service of notices is “information … about an individual” within the definition of personal information in section 6 of the Privacy Act 1988
Section 6 defines personal information as;
“personal information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.
To expand on that the OAIC website states;
Common examples of personal information
Information about a person’s private or family life.
A person’s name, signature, home address, email address, telephone number, date of birth, medical records, bank account details and employment details will generally constitute personal information.
Therefore the name, address and email are all considered personal information under the Privacy Act.
However, As per the descisions in Legge case I would argue that the email is also exempt on the basis that the name and address is also exempt.
Legge at 15
Contrary to the assertion in the respondent’s correspondence to the applicants, the National Privacy Principals do not “supersede” the provisions of the Act which require access to be given to the strata roll by a lot owner (or anyone else authorised to make a request) who has made a request for access under section 108 of the Act. The consent of lot owners to the disclosure of their addresses for service is not required. Addresses for service must be provided for the purpose of the strata roll and lots owners have a right to inspect the strata roll when a request is made under section 108 of the Act.
