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NSW Freedom of Information issues Open Letter to NSW government agencies, Seeking Disclosure Notice on Use of IPC GIPA TOOL, 30.09.2025
Following the refusal of the NSW Privacy Commissioner Sonia Minutillo to reach out to her subordinate agencies to disclose their use of the IPC GIPA Tool, Telina Webb has issued an Open Letter to every NSW agency for cooperation to do the right thing with the public's personal information. Webb’s letter of 01st August 2025 to the Commissioner was subsequent to the NSW Civil & Administrative Tribunal’s decision of that date Webb v Port Stephens Council (2025) NSWCATAD 191. That decision made clear there are a number of issues with the ongoing use of the Tool, specifically agreeing with Webb as Applicant in the proceedings that her privacy had been breached by Port Stephens Council’s uploading her personal information to it without consent. Some of that personal information has been retained for 9 years. It took an Access Application under the GIPA Act 2009 for Council to finally disclose how it had been using her information. Despite then being alerted to her knowledge of Council’s actions, Council continues to do nothing to remedy the unlawfulness of its actions.
Webb asked the Commissioner to reach out to her subordinate agencies directly, suggesting this could be facilitated at the next meeting of the NSW Right to Information & Privacy Practitioners Network (NIPPN).
Webb specifically asked the Commissioner to instruct agencies to disclose their use of the Tool, to amend their privacy statements to duly disclose the use of the Tool, and to amend current Access Application Forms to include a check-box asking for consent for the public’s personal information to be uploaded to the Tool.
On 27th September 2025 Webb was notified Port Stephens Council had lodged an appeal of the Tribunal’s decision of 01st August 2025.
“It was a very well-balanced decision. I got some of my wants, Council got some of its wants. But it's not satisfied. It doesn't want to apologise, it doesn't want to do training, and it most definitely does not want to pay any compensation," states Webb. "The perpetrator got away scott-free, no accountability whatsoever. What more do these public servants want?" The Open Letter to every NSW government agency is simple and straightforward, asking them to do the right thing and make the necessary Notice of Disclosure as to whether or not they use the IPC GIPA TOOL, and if they do to rightfully seek the public's consent to upload personal information to it. “Port Stephens Council sets another atrocious example of how it treats the public's personal information; in some instances abandoning my personal information on a third-party owned platform for as long as nine years."
This Site intends to publish all developments in this case as a matter of public interest, including outcomes concerning the IPC GIPA Tool itself.
Webb’s Open Letter to all NSW government agencies is here. Contact:
Privacy Commissioner Sonia Minutillo, ipcinfo@ipc.nsw.gov.au
Do you have concerns about the IPC's recommendation and use of the GIPA Tool? Would you like to find out if a NSW Government agency has uploaded your personal information to the Tool? Please use the form below or email Telina direct at info@nswfreedomofinformation.net.
Thank you!
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DraftCom Pty Ltd t/as NSW Freedom of Information ABN: 87 076 511 941 PO Box 8030 Marks Point NSW 2280 P: 1300 679 364 or 1300 NSW FOI F: (02) 8246 3484 Hrs: Monday to Friday - 9.30am to 4.30pm
E: info@nswfreedomofinformation.net
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Acknowledgement of First Nations Australia We acknowledge the Awabakal people as the Traditional Custodians of this area. We recognise their continuing connection and protection of the land, the waterways, and ecosystems since time immemorial. We extend our respect to all First Nations people and we respect the Elders past and present.
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