Site Changes

On 1 November 2010 the Office of the Privacy Commissioner was integrated into the Office of the Australian Information Commissioner and a new website established at www.oaic.gov.au.

Note 1: Major changes to the Privacy Act 1988 will come into effect in March 2014. Agencies, businesses and not for profits need to start preparing for these changes. For more information go to our privacy law reform page at www.oaic.gov.au
Note 2: From 12 March 2013 content is no longer being added to, or amended, on this site, consequently some information may be out of date. For new privacy content visit the www.oaic.gov.au website.

Answer 1 (more)

Question 1:

Is your complaint about information that identifies you by either:

your name; or
other details so that people would know it is about you?

Your answer: Please give me more information

The Privacy Act deals with information privacy; it provides rules for the handling of personal information in records. It does not apply to other aspects of privacy for example, it does not cover surveillance (where information is not recorded and your identity cannot be established), nor would it cover lack of private space for providing a bodily sample to a general medical practitioner.

The Privacy Act says

Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Also, your complaint must be about how an entity has treated your personal information, not about the treatment of someone else's personal information. You can help someone else make a complaint but only with their consent. Similarly you may have someone else represent you when making your complaint (Section of the Privacy Act to read: 36).

If you wish to tell the Commissioner about an act or practice which may be an interference with someone else's privacy, the Commissioner may be able to investigate that matter. However, the Commissioner investigates in private and is generally not able to comment on the outcome of investigations which do not concern your personal information. (Section of the Privacy Act to read: 40(2)).

The Privacy Act also does not apply to personal information about deceased people.

KEY POINTS

Your complaint must involve personal information about you, such as your name or enough information so that people would know it is about you.
You may have your own representative, or you may represent someone else with their consent.
Serious breaches of the Privacy Act involving other people's personal information may be investigated by the Commissioner even if the other person does not make a complaint themselves.
Personal information about deceased people is not protected by the Privacy Act.

Disclaimer

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