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.