Privacy
6. Lodging a Complaint
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 14 Aug 2015
- The Information Commissioner is generally not permitted to investigate a complaint unless a person has first complained to the organisation that allegedly breached a privacy law.
- If you believe your privacy has been breached then the first step is to attempt to resolve the issue with the person or organisation who allegedly committed the breach.
- This is done by either writing a formal letter or an email to the organisation. A detailed outline of your individual privacy concerns should be included in your letter. You should include the dates, times and context relating to any breach of privacy. You can include suggestions about how you would like to see the matter remedied.
- It is recommended that the organisation be allowed 30 days to respond to your complaint.
- If the complaint is not resolved to your satisfaction after 30 days then it can be forwarded to the Information Commissioner. Alternatively if the organisation is covered by an approved privacy code the complaint can be sent to the nominated adjudicator for the privacy code. This could be either the Information Commissioner or an independent adjudicator.
- The Information Commissioner will investigate the alleged breach and will normally attempt to mediate a satisfactory outcome for both parties.
- In the event that it is not possible to reach a satisfactory outcome the Information Commissioner or the privacy code adjudicator has powers to make a determination in response to a complaint. The determination can require an organisation to:
- refrain from certain conduct;
- undertake a specific action; or
- provide compensation to the complainant.
- If you have made a complaint to a privacy code adjudicator and you are not satisfied with the outcome you can escalate the complaint to the Information Commissioner. The Information Commissioner is empowered to review the decisions made by any privacy code adjudicator.
- You may also appeal the Information Commissioner’s decision in either the Federal Court of Australia or the Federal Circuit Court. These courts may also be needed to enforce action if a company or business has not complied with a previous determination of the Information Commissioner or a privacy code adjudicator.
- The Information Commissioner also has the power to initiate an investigation without receiving any complaint whatsoever.
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