Privacy case notes

The Office of the Australian Information Commissioner (OAIC) publishes case notes of finalised privacy complaints that are considered to be of interest to the general public. The purpose of case notes is to illustrate the types of cases resolved by the OAIC, rather than giving a comprehensive account of them. To obtain an overview of the number and types of complaints received by the OAIC see our quarterly statistics or read our Annual Report.

Most cases chosen for inclusion in case notes involve a new interpretation of an Act or associated legislation, illustrate systemic issues, or illustrate the application of the law to a particular industry.

The notes do not identify the parties to the complaint. Identities are kept confidential to maintain the privacy of the parties involved. The date of publication does not necessarily coincide with the closure of the complaint.

The Privacy Act 1988 (Privacy Act) makes it a function of the Privacy Commissioner to endeavour to resolve complaints by conciliation (s 27(1)(a)). As a result, the outcome in any particular case reflects a number of factors, including the applicable law, the facts of the matter and the approach to the conciliation process taken by both complainant and respondent. They should not be relied on as legal advice.

The OAIC's privacy case notes are found in the List of privacy case notes or on AustLII at: http://www.austlii.edu.au/au/cases/cth/AICmrCN/

Case notes published by the former Office of the Privacy Commissioner are found in the Privacy case notes - archive or on AustLII at http://www.austlii.edu.au/au/cases/cth/PrivCmrA/

For further information on the OAIC’s complaint handling process, please visit our Privacy complaints page.

Own motion investigation reports in relation to privacy matters are found on our Privacy OMI reports page.

Determinations of privacy complaints under s 52 of the Privacy Act 1988 are found on our Privacy complaint deteminations page or on AustLII at www.austlii.edu.au/au/cases/cth/AICmr/.

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