Home / Crime and Justice / New Privacy Laws Halt Data Destruction in NSW Case
New Privacy Laws Halt Data Destruction in NSW Case
1 Sep
Summary
- Court prevents destruction of ex-employee's private Canva files.
- Case involves sensitive medical and financial records.
- New privacy laws demonstrate potent early application.
Australia's nascent privacy laws have been instrumental in a recent court case, preventing a business from destroying a former employee's personal data, including sensitive family medical records stored on a Canva account. The NSW District Court granted an interim injunction, halting the destruction of files belonging to Adriana Nehme, a former sales and marketing manager.
Judge Matthew Charles Dicker, SC, expressed satisfaction that The Art Scene, an arts materials supplier, had potentially misused information. Nehme had created a personal Canva account in 2020, using her personal email and later a work credit card for subscription fees until July 2023. This account contained personal documents, family medical records, legal advice, financial data, and confidential business information.
Following her termination in March 2026, Nehme discovered unauthorized access changes to her account, leading to her loss of access to personal files. The judge noted that the alteration of access rights by the defendant suggested intentional privacy invasion.
University of Sydney law professor David Rolph commented that this case broadens the scope of privacy concerns, demonstrating they extend beyond media infringements into employment disputes. The court's action preserves the status quo until a final hearing can determine the parties' rights.
