Privacy determinations

Decision

'ATU' and 'ATX' (Privacy) [2025] AICmr23 (30 January 2025)

Decision year

30 January 2025

Status

Finalised

Legislative provision

APP 12

Determination

Finding: No breach; complaint dismissed

Catchword summary

Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 12.1 – APP 12.9 – Access to personal information – Whether valid access requests made – Whether personal information held at the time of access request – Refusal to give access to personal information – Whether written notice of refusal complied with APP 12 obligations – No breach – Complaint dismissed.

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Decision

'ATQ' and CEO of Services Australia (Privacy) [2025] AICmr 19 (23 January 2025)

Decision year

23 January 2025

Status

Finalised

Legislative provision

APP 6.1, APP 10.2, APP 11.1

Determination

Finding: Breach

Remedies: Written apology Specified steps

Catchword summary

Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 6.1 – APP 10.2 – APP 11.1 – intertwinement of sensitive information with that of other individuals – unauthorised disclosure of personal information – whether reasonable steps taken to ensure personal information was up-to-date and accurate – whether reasonable steps taken to protect from unauthorised disclosure – serious and repeated interferences with privacy – Breach of APP 6 and APP 10 and APP 11– Compensation for non-economic loss – Written apology – Specified steps to undertake

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Decision

‘ATP’ and ‘ATR’ (Privacy) [2025] AICmr 18 (23 January 2025)

Decision year

23 January 2025

Status

Finalised

Legislative provision

APP 6 APP 10.2

Determination

Finding:No breach; complaint dismissed

Catchword summary

Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 6 – APP 10.2 – use or disclosure of personal information – whether personal information was disclosed for a secondary purpose – whether individual would reasonably expect secondary disclosure – whether reasonable steps taken to ensure quality of personal information disclosed – no breach – complaint dismissed.

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Decision

‘ATE’ and ‘ATF’ (Privacy) [2025] AICmr 10 (13 January 2025)

Decision year

13 January 2025

Status

Finalised

Legislative provision

Section 8 APP 6 APP 11 APP 1

Determination

Finding:

Breach

No breach – Dismissed

Catchword summary

Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles —APP 6 – APP 11 – APP 1 – Disclosure of personal information – Whether employer directly liable for disclosure by employee – Whether employer vicariously liable for disclosure by employee – Whether reasonable steps were taken to protect personal information from unauthorised disclosure – Open and transparent management of personal information – No breach – Complaint dismissed.

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Decision

Commissioner Initiated Investigation into Property Lovers Pty Ltd (Privacy) [2024] AICmr 249 (22 November 2024)

Decision year

22 November 2024

Status

Finalised

Legislative provision

APP 3.5

APP 5.1

APP 10.2

APP 1

Determination

Finding:

Breach

Remedies:

Catchword summary

Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 3.5 – APP 5.1 – APP 10.2 – APP 1 – whether collection of personal information was by lawful and fair means – whether reasonable steps taken to notify individuals of APP 5.2 matters – whether reasonable steps taken to ensure quality of personal information used and disclosed – whether privacy policy was clearly expressed and up to date – breaches substantiated – must not repeat or continue acts and practices found to be an interference with individuals’ privacy – cease unfair collection of personal information – remove personal information collected by unfair means and destroy records – publish written apology on website – review and update privacy policy

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Decision

Commissioner Initiated Investigation into Master Wealth Control Pty Ltd t/a DG Institute (Privacy) [2024] AICmr 243 (18 November 2024)

Decision year

18 November 2024

Status

Finalised

Legislative provision

APP 3.5

APP 5.1

APP 10.2

Determination

Finding:

Breach

Remedies:

Catchword summary

Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 3.5 – APP 5.1 – APP 10.2 – whether collection of personal information was by lawful and fair means – whether reasonable steps taken to notify individuals of APP 5.2 matters – whether reasonable steps taken to ensure quality of personal information used and disclosed – whether privacy policy was clearly expressed and up to date – breaches substantiated – must not repeat or continue acts and practices found to be an interference with individuals’ privacy – cease unfair collection of personal information – remove personal information collected by unfair means and destroy records – review and update privacy policy.

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Decision

Commissioner initiated investigation into Bunnings Group Limited (Privacy) [2024] AICmr 230 (29 October 2024)

Decision year

29 October 2024

Status

Finalised

Legislative provision

APP 3.3

APP 5.1

APP 1.2

APP 1.3

Determination

Finding:

Breach

Remedies:

Specified steps
Must not repeat or continue conduct

Catchword summary

Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 3.3 – APP 5.1 – APP 1.2 – APP 1.3 – whether personal information was collected – whether permitted general situation existed in relation to collection – whether reasonable steps were taken to notify individuals of APP 5.2 matters – whether reasonable steps were taken to implement practices, procedures and systems that ensured compliance with APPs – breaches substantiated – must not repeat or continue acts and practices found to be an interference with individuals’ privacy.

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Decision

'AQE' and Noonan Real Estate Agency Pty Ltd (Privacy) [2024] AICmr 237 (1 November 2024)

Decision year

1 November 2024

Status

Finalised

Legislative provision

APP 6

APP 1

Determination

Finding:

Breach

Remedies:

Written apology to acknowledge interference with privacy

Must not repeat or continue conduct

Catchword summary

Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 6 – Use or disclosure of personal information – Whether personal information was disclosed for a secondary purpose – Breach of APP 6 – APP 1 – Open and transparent management of personal information – Whether reasonable steps were taken to deal with complaints about APP compliance – Acknowledgement of interference with privacy – Must not repeat or continue – Respondent must give an apology.

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Decision

'AHL' and TICA Default Tenancy Control Pty Ltd (Privacy) [2024] AICmr 26 (9 February 2024)

Decision year

9 February 2024

Status

Finalised

Legislative provision

APP 6

APP 11.2

Determination

Finding

Breach

Remedies

Acknowledgement of interference with privacy Must not repeat or continue conduct Reasonable act or course of conduct required

Catchword summary

Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 6 — APP 11.2 – Whether personal information disclosed for a primary purpose – Failure to take reasonable steps to destroy or de-identify personal information no longer needed – Breach of APP 11.2 – Acknowledgement of interference with privacy – Must not repeat or continue conduct – Reasonable act or course of conduct required

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Decision

‘ALI’ and ‘ALJ’ (Privacy) [2024] AICmr 131 (20 June 2024)

Decision year

20 June 2024

Status

Finalised

Legislative provision

Privacy Act 1988 (Cth) s 7B(3) APP 6.1

Determination

Remenedies

Acknowledgement of interference with privacy Respondent must not continue or repeat conduct Compensation for non-economic loss and reasonably incurred expenses

Catchword summary

Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — Employee records exemption – Whether act or practice is directly related to employment relationship – APP 6 – Use or disclosure of personal information – Whether personal information was used for primary purpose – Breach of APP 6 – Acknowledgment of interference with privacy – Must not repeat or continue conduct – Compensation for non-economic loss – Reasonably incurred expenses

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