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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: 66.
Set aside following review: [2015] AATA 991
Subsequent appeal dismissed: [2017] FCAFC 4
Finding: Breach of NPP 6.1
Remedies: Access to personal information free of charge
Privacy — Privacy Act — National Privacy Principles — (CTH) Privacy Act 1988 — s 52 — NPP6.1 — Access
Finding: Breach of NPPs 2.1 and 4.1
Remedies: Apology — Compensation of $6,500
Privacy — Privacy Act — National Privacy Principles (NPP) — NPP 2.1, 3.1, 4.1 — Use and disclosure by medical practitioner of patient's medical information to police officer — Breach of NPPs 2.1 and 4.1 — Compensation awarded
Varied following review: [2016] AATA 785
Finding: Breach of IPP 11.1
Remedies: Apology — Review training of staff and agents — Compensation of $5,000
Privacy Act —Information Privacy Principles — (CTH) Privacy Act 1988 s 52 — IPP 11 — IPP 11.1(d) — Disclosure — Compensation — Non-economic loss — Aggravated damages not awarded
Set aside following review: [2017] AATA 1560
Full FCA dismissed appeal of AAT decision: [2018] FCAFC 192
Finding: Breach of IPP 11.1
Remedies: Apology — Review management of privacy complaints
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
Finding: Breach of NPP 1.3
Remedies: Apology — Review processes — Review Privacy Statement — $18,000 for non-economic loss
Privacy — Privacy Act — National Privacy Principles — (CTH) Privacy Act 1988 s 52 — NPP1 — Collection — NPP 2 — Use and disclosure — Compensation — Non-economic loss — Aggravated damages not awarded
Finding: Breach of IPP 11.1(a)
Remedies: Apology — Amend information handling practices — Staff training — Compensation of $5,000
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
Finding: Breach of NPP 4.1
Remedies: Compensation of $7,500
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
Finding: Breach of NPPs 1.2, 1.3 and 4.1
Remedies: Apology — Review staff training — Compensation of $8,500
Privacy — Privacy Act — National Privacy Principles — (CTH) Privacy Act 1988 s 52 — NPP 1 — NPP 1.2 and NPP 1.3 — Collection — NPP 4 — NPP 4.1 — Data security — Compensation — Non-economic loss — Aggravated damages not awarded