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Privacy determinations
The OAIC can make determinations on privacy complaints where conciliation has not resolved the matter. These are the summary details of privacy determinations made under s 52 of the Privacy Act 1988 since 1 November 2010. The AustLII website provides a comprehensive database of privacy decisions as part of the Australian Information Commissioner (AICmr) series.
Total results: 65.
Finding: Breach
Remedies: Compensation of $3,000 to the complainant for non-economic loss, $295 to the complainant for economic loss and $3,000 to the first complainant for aggravated damages.
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.
Finding: Breach
Remedies: Complainant's records of her treatments to be sent to her by a method nominated by the complainant, and must do so within 14 days of being notified of the complainant's nominated method.
Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — Breach of APP 12 — Failure to provide access to personal information — Remedial action declared — Respondent required to provide access to personal information.
Finding: Breach
Remedies: N/A
Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 1.2 — APP 6.1 — APP 11.1 — Accidental disclosure of personal information — Credit card and passport information disclosed for product development purposes — Invalid consent in privacy policy — Privacy impact assessments and regular reviews to minimise risks — Interference with privacy.
Finding: Breach
Remedies: Pay the complainant $6,000 for non-economic loss caused by the conduct. Pay the complainant $4,850 for reasonably incurred expenses in connection with the privacy complaint. Must not repeat or continue that conduct.
Privacy — Crimes Act 1914 (Cth) — Division 3 — Spent convictions scheme — Whether 'spent convictions' — Whether the fact of spent convictions or underlying conduct was taken into account — Consideration of exceptions — Consideration of 'designated position'— Whether assessment of designated position or employment as an officer - Compensation for non-economic loss awarded — Compensation for reasonably incurred expenses awarded.
Finding: Breach
Remedies: Issue a written apology to the complainant. Engage an independent auditor to assess the respondent's procedures and training to staff and contractors regarding updating changes to authorities to act. Pay the complainant $4,500 for loss caused by the interference with the complainant's privacy.
Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 5 — APP 6 — APP 10 — APP 11 - Personal information disclosed to former lawyers — Failure to take reasonable steps to keep personal information up-to-date — Compensation awarded for non-economic loss — No aggravated damages.
Finding: Breach
Remedies: Issue a written apology to the complainant.
Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — Consideration of APP 3, APP 6 and APP 11 - Breach of APP 3 established - Investigation of ADF items sold online under Defence Force Discipline Act 1982 (Cth) - Collection of 'any additional information' willing to be provided - Apology - Compensation not awarded.
Finding: Breach
Remedies: Compensation of $2,500 to the complainant for non-economic loss, provide written apology to the complainant and accept the complainant's request for correction to his personal information held by the respondent and process accordingly.
Privacy — Crimes Act 1914 (Cth) — Spent convictions scheme — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 10 - Accuracy of personal information disclosed - Compensation for non-economic loss - Aggravated damages not awarded.
Finding: No breach
Remedies: N/A
Privacy — Crimes Act 1914 (Cth) — Spent convictions scheme — Division 3 — Whether spent conviction can be 'disclosed' to complainant — Whether respondent took into account spent conviction — Whether internal circulation is 'disclosure' — No breach — Complaint dismissed.