Privacy
7. Information Commissioner
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 14 Aug 2015
- The Information Commissioner has the power to investigate conduct that may be interfering with a person’s privacy. They can do this as the result of a complaint or at their 'own motion' (own initiative).
- The Information Commissioner can also make a ‘determination’ (formal order) after they have conducted an investigation. Some of the possible determinations or orders may include:
- an order prohibiting continuation of the act or practice;
- an order requiring that the acts or practices complained of cease;
- an order requiring specific remedial actions; or
- a declaration that a complainant (person whose privacy has been affected) is entitled to compensatory damages.
- The Information Commissioner can also settle investigations and enforce action without making a formal order. For example the Information Commissioner can accept an enforceable undertaking from an organisation that they will take steps to rectify the privacy issue.
- The Information Commissioner can accept this sort of undertaking without first finding that there has been an 'interference with privacy.'
- The ability to resolve issues in this way applies to both complaint investigations and investigations that are initiated at the Commissioner's own motion.
- If an undertaking is breached the Commissioner may apply to the Federal Court of Australia or the Federal Circuit Court to enforce it. The courts may also order compensation to people affected by the breach of the undertaking or make any other appropriate orders.
- The value of transparency in the process is enhanced by the fact that the Information Commissioner may publish the undertaking on the Information Commissioner’s website.
- Not all undertakings will be published. Some undertakings may need to be anonymous to protect the privacy of the person making the complaint or for settlement purposes.
- After a determination by the Information Commissioner neither a commonwealth agency nor any other organisation is allowed to repeat or continue the conduct. Commonwealth agencies are legally bound to comply with the decision made. If the agency or organisation continues to repeat the conduct that was the subject of the privacy complaint an injunction may be available. An injunction is a court order demanding that a person cease a particular action or behaviour.
- The Commonwealth parliament has also enacted laws to authorise the transfer of personal data between agencies. This involves the matching of data held by other agencies with that held by the Commonwealth Department of Social Security.
- The steps in the matching cycle are laid down in the legislation.
- Where the Commonwealth Departments of Social Security, Human Services and Health, Employment, Education and Youth Affairs, and Veteran Affairs propose to reduce or cancel or otherwise take action relating to personal assistance it must provide a person with written notice.
View more Information on Personal Law