Complaint Case Notes, Summaries and DeterminationsComplaint Case Notes (2002-current)The Privacy Commissioner publishes case notes of finalised complaints that are considered to be of interest to the general public. Not all complaints are recorded in case notes so the published notes only illustrate the types of cases resolved by the Office rather than giving a comprehensive account of them. To obtain a full overview of the number and types of complaints received by the Office please visit our Complaints and Enquiries Statistics page. Most case cases chosen for inclusion in case notes involve new interpretation of the Act or associated legislation, illustrate systemic issues, or illustrate the application of the law to a particular industry. The notes do not identify the parties to the complaint. Identities are kept confidential to maintain the privacy of the parties involved. The date of publication does not necessarily coincide with the closure of the complaint. The Privacy Act makes it a function of the Commissioner to endeavour to resolve complaints by conciliation (s.27(1)(a)). As a result, the outcome in any particular case reflects a number of factors, including the applicable law, the facts of the matter and the approach to the conciliation process taken by both complainant and respondent. They should not be relied on as legal advice. For further detail on the Office's complaint handling process, please visit How to make a Complaint. Complaint Case Notes 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002Complaint Summaries (published in OPC Annual Reports between 1989 and 2002)The following privacy complaint summaries have been extracted from the Privacy Commissioner's Annual Reports published between 1989 and 2002. These summaries illustrate how the Privacy Commissioner has previously resolved privacy complaints and should not be relied on as legal advice. These summaries have been added to the website for the convenience of users, as most were not previously available in electronic format. From 2002 the Commissioner has published Complaint Case Notes throughout the year and they are available from this page. For information about lodging a complaint with the Privacy Commissioner's Office please visit the Privacy Complaints page. Complaint Summaries | Complaint DeterminationsSection 52 of the Privacy Act provides that the Commissioner may make formal determinations in relation to complaints investigated under section 36. Such a determination may dismiss the complaint or may find the complaint substantiated and declare that the respondent should: cease to breach the Act; take any reasonable steps to redress damage suffered by the complainant; or pay compensation to the complainant. Damage suffered by the complainant can include injury to feelings or humiliation. Section 52 determinations are not legally binding on the respondent. The Commissioner, the complainant, or the adjudicator for an approved privacy code can commence proceedings in the Federal Court or Federal Magistrates Court for an order to enforce a determination (s.55A). The very large majority of complaints handled by the Commissioner are resolved without a s.52 determination. Eight have been issued since the commencement of the Privacy Act in 1989.
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