Privacy Law

Penalties and Remedies

Complaints and OAIC's response

A person can complain to the Commissioner about an interference with their privacy, or that of another person. The Commissioner can do any of the following:

 

  • assist a person to formulate and make a complaint (s 36(4)),

  • make preliminary inquiries of any person (s 42),

  • transfer matters to an alternative complaint body in certain circumstances (s 50),

  • attempt to conciliate the complaint (s 40A),

  • conduct an investigation into the complaint (s 40),...

     

    ORDER FOR FULL TEXT.

 

Own motion actions

The Commissioner can investigate a matter relating to data breach without a complaint being raised, if the commissioner thinks it desirable to do so. Such an investigation can then lead to further action if interference with privacy has occurred.

 

Determinations

After investigating the Commissioner can reach a determination either that the complaint is substantiated or not substantiated....

 

ORDER FOR FULL TEXT.