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.
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.