Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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What is personal information?
- Personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable from the information in question.
- The information may or may not be true.
- It is information that distinguishes you from others and may include details such as your:
- legal name;
- date of birth;
- address; and
- driver’s licence number.
- It may also extend to broader details such as the browsing history linked to your computer’s IP address
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Can I sue an organisation or a company under the Australian privacy law?
- No. The privacy laws in Australia do not give you the rights to sue anyone for privacy infringement.
- You can lodge a complaint with the Information Commissioner. The Commissioner will then investigate your complaint and may make orders that seek to remedy the breach of privacy law.
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Can the Information Commissioner fine an individual employee?
- The Information Commissioner's powers relate to the organisation responsible for a particular breach of privacy.
- In some situations an individual person can be an organisation or company however there is no civil or criminal liability for individual employees under Australia’s privacy laws.
- The organisation itself will be liable for the action of their employees. In other words the responsibility for the actions of employees falls on the employer.
- If you employ people it is important to make sure that they are educated about their responsibilities under Australian privacy law when handling private information.
- Our Phone a Lawyer service may be able to put you in touch with a lawyer for a preliminary consultation if you require legal advice.
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Under what circumstances can a company transfer personal information overseas?
- In most situations a company or business is only permitted to transfer or disclose personal information to an overseas country if they have your express consent.
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Which companies and organisations does Australian privacy laws extend to?
- Australian privacy laws extend to:
- Australian government agencies;
- all companies, businesses and not-for-profit organisations with an annual turnover of more than $3 million; and
- some small businesses particularly those that handle credit information.
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What is an injunction and is it relevant for privacy law?
- An injunction is an order made by the Information Commissioner that prevents an organisation from continuing the conduct that is in breach of privacy law.
- Non-compliance with an injunction order can have serious consequences and you may be held in contempt of court.
- If you or your organisation have been ordered to cease a particular action you must abide by that order.
- If you have any concerns you can use our free and anonymous Ask a Lawyer service to get information specific to your situation.
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What do Australian privacy laws cover?
- The Australian privacy laws do not give individuals a complete right to privacy. They merely prevent private sector organisations, government agencies and some individuals from using your personal information in ways that breach the privacy principles.
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Can I appeal a decision about a privacy breach under the Australian privacy law?
- Yes. Recent changes to privacy law give dissatisfied consumers and organisations a right of appeal. For the first time in 25 years either party to a privacy complaint can make an appeal against the Information Commissioner’s formal decision. The appeal will generally be directed towards a specialist tribunal for review.
- You can use our LegalPlan™ membership to ask lawyers for tenders or a Fixed Fee Quote in relation to your privacy law needs.
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