Question 7:

Is your complaint about:

• your past or current employer and their handling of your employment record; or
• a politician or a political party; or
• the journalistic practices of a media organisation?

Answer: Please give me more information

The Commissioner usually cannot investigate your complaint if it is about:

• the handling of your employee records by your current or former employer

Employee record means a record of personal information relating to the employment of an employee. Examples of the type of information that is defined as an employee record can be found on our website at www.privacy.gov.au/materials/types/infosheets/view/6544.

The Commissioner cannot investigate complaints about acts or practices relating to your employee record that are directly related to an employment relationship with your current or former employer.

The Commissioner may be able to investigate acts or practices of your employer or former employer that fall outside the scope of the employment relationship; for example, if your employer sold your personal information to another organisation for marketing purposes. The Commissioner may also be able to investigate acts and practices involving personal information collected from people applying for work, who are then not employed by that organisation. (Section of the Privacy Act to read: 7B(3))

• the handling of your personal information by a member of parliament or a councillor of a local government

The Commissioner cannot investigate acts or practices carried out by registered political parties (or specified people or bodies working with registered political parties) or in connection with an election under an electoral law, a referendum under federal, state or territory law, or the participation of a political representative in other aspects of the political process. However, ministers of federal and ACT parliaments are required to abide by the Information Privacy Principles in relation to personal information handled in their role as minister (Sections of the Privacy Act to read: 6C(1), 7C).

• the handling of your personal information by a media organisation in the course of journalism

A media organisation is an organisation whose activities consist of the collection, preparation and dissemination of news, current affairs, information or documentaries.

A media organisation is not subject to the Privacy Act if:

• it is carrying out journalistic activities; and
• it is publicly committed to observing published, written standards that deal with privacy.

A list of some media organisations that are publicly committed to observing privacy standards can be found on the following websites:

• print media: Australian Press Council
• television media: Commercial Television Australia
• radio media: Commercial Radio Australia

You may be able to make a privacy complaint to these organisations. The web sites include information about how to make a complaint (Section of the Privacy Act to read: 7B(4)).

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