Privacy determinations

Decision

'ABN' and CEO of the Independent Competition and Regulatory Commission ACT (Privacy) [2022] AICmr 48 (6 April 2022)

Decision year

2022

Status

Finalised

Legislative provision

Commonwealth Spent Convictions Scheme under the Crimes Act 1914 (Cth)

Determination

Finding:

No breach – complaint dismissed under s 85ZZD of the Crimes Act 1914 (Cth)

Catchword summary

Privacy — Crimes Act 1914 (Cth) — s 85ZW(b)(i)-(ii) — Spent convictions scheme — Whether spent conviction taken into account in recruitment decision — Whether improper collection and disclosure of information regarding spent conviction — No breach — Complaint dismissed.

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Decision

'CM' and Corporation of the Synod of the Diocese of Brisbane [2014] AICmr 86

Decision year

2014

Status

Finalised

Legislative provision

NPP 4 - NPP 4.1 - NPP 4.2

Determination

Finding: Breach of NPP 4.1

Remedies: Compensation of $7,500

Catchword summary

Privacy - Privacy Act - National Privacy Principles - (CTH) Privacy Act 1982 s 52 - NPP 2 - Use and disclosure - NPP 4 - NPP 4.1 - NPP 4.2 - Data security - Compensation - Non-economic loss - Aggravated damages not awarded - Pecuniary damages not awarded

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Decision

'DO' and Department of Veterans' Affairs [2014] AICmr 124

Decision year

2014

Status

Set aside following review: [2017] AATA 1560

Full FCA dismissed appeal of AAT decision: [2018] FCAFC 192

Legislative provision

IPP 11 - IPP 11.1(a), IPP 11.1(c), IPP 11.1(d), IPP 11.1(e)

Determination

Finding: Breach of IPP 11.1

Remedies: Apology - Review management of privacy complaints

Catchword summary

Privacy - Privacy Act - Information Privacy Principles - (CTH) Privacy Act 1988 s 52 - IPP 11.1 - Use and disclosure - 11.1(a), 11.1(c), 11.1(d) 11.1 (e) - Exceptions

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Decision

'QP' and the Commonwealth Bank of Australia Limited (Privacy) [2019] AICmr 48

Decision year

2019

Status

Determined

Legislative provision

APP 10.2

Determination

Finding: Breach of APP 10.2

Remedies: Apology- Damages of $15,000 (non-economic loss) - undertake changes to its policies and operation processes and procedures - obtain independent assessment of the effectiveness of its amended policies and operation processes - provide independent report to the OAIC

Catchword summary

Privacy - Privacy Act 1988 (Cth) - Australian Privacy Principles -APP 10 Quality of personal information disclosed - Breach of APP 10.2 - Compensation awarded - Non-economic loss - Aggravated damages not awarded

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Decision

'VJ', 'VK', 'VL' and 'VM' (Privacy) [2020] AICmr 45

Decision year

2020

Status

Finalised

Legislative provision

APP 11 - APP 12

Determination

Finding: Breach

Remedies: Compensation of $3,000 to the first complainant for non-economic loss and $1,500 to the first complainant for aggravated damages.
Compensation of $2,000 to the third complainant for non - economic loss and $1,500 to the third complainant for aggravated damages.

Catchword summary

Privacy - Privacy Act 1988 (Cth) - Australian Privacy Principles - Breach of APP 12 - Breach of APP 11 - Psychologist delayed access to personal information - Damages for non-economic loss awarded - Aggravated damages awarded

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Decision

Commissioner Initiated Investigation into the Australian Federal Police (Privacy) [2021] AICmr 74 (26 November 2021)

Decision year

2021

Status

Finalised

Legislative provision

APP 1.2

Determination

Finding:

Breach

Catchword summary

Privacy - Privacy Act 1988 (Cth)

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Decision

'AAS' and Spring Hill Specialist Day Hospital (The Trustee for QFD Day Theatres Unit Trust) (Privacy) [2022] AICmr 11 (25 February 2022)

Decision year

2022

Status

Finalised

Legislative provision

APP 12

Determination

Finding:

Breach

Catchword summary

Privacy - Privacy Act 1988 (Cth) - Australian Privacy Principles - APP 12 - Access refused - Whether expectations under APP 12.3 apply - Whether reasonable steps taken to give alternative access under APP 12.5 - Whether access to information would have an unreasonable impact on the privacy of others - Breach of APP 12 Acknowledgement of interference with privacy - Specified steps to be taken by the respondent.

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Decision

'CP' and Department of Defence [2014] AICmr 88

Decision year

2014

Status

Finalised

Legislative provision

IPP11 - IPP11.1(a)

Determination

Finding: Breach of IPP 11.1(a)

Remedies: Apology - Amend information handling practices - Staff training - Compensation of $5,000

Catchword summary

Privacy - Privacy Act - Information Privacy Principles - (CTH) Privacy Act 1988 s 52 - IPP 11 - IPP 11.1(a) - Disclosure - Compensation - Non-economic loss - Aggravated damages not awarded

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Decision

'D' and Wentworthville Leagues Club [2011] AICmr 9

Decision year

2011

Status

Finalised

Legislative provision

NPP 2 - NPP 2.1(g)

Determination

Finding: Breach of NPP 2.1(g)

Remedies: Apology - Staff training - Compensation of $7,500

Catchword summary

Privacy - Privacy Act - National Privacy Principles - (CTH) Privacy Act 1988 s 52 - NPP 2 - NPP 2.1(g) - disclosure - non-economic loss - assessment of damages measured by statute, assisted by rules in tort - aggravated damages not awarded - pecuniary damages not awarded

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Decision

'OJ' and Department of Home Affairs (Privacy) [2018] AICmr 35

Decision year

2018

Status

Finalised

Legislative provision

IPP 11 - IPP 11.1(d) - APP 6 - APP 6.2(b)

Determination

Finding: No breach

Catchword summary

Privacy - Privacy Act 1988 (Cth) - Information Privacy Principles - IPP 11.1 - Disclosure of personal information - Australian Privacy Principles - APP 6.2 - Use or disclosure of personal information - s 52 - Disclosure required by law - No breach

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