Skip to: General, Health, Credit, Government, Telecommunications, Private Schools, ID Scanning, Social Networking, Spam, Real estate, Personal Property Securities Register

These FAQs provide advice to frequently asked questions about privacy from individuals or about activities that may affect an individual's privacy. If you have a question you would like us to answer please send it to mailto:enquiries@oaic.gov.au.

For 10 simple things that you can do to protect your personal information, see our handy Guide: 10 Steps to Protecting Your Personal Information - HTML, PDF

General

1. Why do organisations always seem to ask for my date of birth when I ring them to discuss my business? Answer
2. Why won't an organisation tell me how much is owing on an account? (The account is in my partner's name but I always pay the bills.) Answer
3. Who is the Privacy Commissioner? Answer
4. Do I always have to give my name and other personal information when I am doing business with an organisation? Answer
5. Can I get access to the personal information an organisation holds about me? Answer
6. Can I get access to my referee reports? Answer
7. Can I ask a business to stop sending me unsolicited mail ('junk' mail)? Answer
8. Does a business have to tell me how I can stop getting their unsolicited mail ('junk' mail) every time they contact me? Answer
9. When is business information covered by the Privacy Act? Answer
10. What should an organisation tell me when it is collecting personal information about me? Answer
11. Can an organisation keep the personal information it has collected about me forever? Answer
12. What organisations are covered by the Privacy Act? Answer
13. Can I authorise someone to act on my behalf when dealing with a business? Answer
14. Can the names of people be mentioned in public prayers? Answer
15. The Australian Bureau of Statistics (ABS) has asked me to complete a survey. Do I have to answer the questions in the survey? Answer
16. I am an individual researching my family history. Do I need to consider the Privacy Act in doing this? Answer
17. Can couples get access to information about each other's bank accounts? Answer

Correction

1. I think an organisation may hold incorrect information about me. What can I do? Answer
2. How will I know for sure that an organisation holds incorrect information about me? Answer
3. How can I prove to an organisation that my personal information is incorrect? Answer
4. Do I have to prove beyond doubt that information about me is incorrect before the organisation must correct it? Answer
5. An organisation has recorded an opinion about me that I don't agree with. Is there anything I can do? Answer
6. Do organisations have to correct my personal information if I show that it is wrong? Answer

Health

General information

1. Does the Privacy Act cover health information in the Private Sector? Answer
2. Does an individual always have to give their name when seeking a service from a health service provider? Answer

Access to my health information

1. Who owns my medical records? Answer
2. Can I get access to my medical records? Answer
3. Is a health service provider required to give a representative of an individual access to that individual's medical records? Answer
4. Can an organisation charge an individual a fee for providing access to the individual's medical records and how much should that fee be? Answer
5. I think my doctor is charging me too much to give me access to my medical records. What can I do? Answer
6. Can my health service provider waive or discount the cost of providing access if I can't afford it? Answer
7. How should a request for access to medical records be made? Answer
8. Can a health service provider refuse to give a patient access to their medical record on the basis that it would pose a threat to someone's life or health? Answer

Sharing and use of my health information

1. If I am injured and unconscious, can my doctor share my health information with my loved ones? Answer
2. I am responsible for someone who lacks capacity to make decisions. Can their doctor share their health information with me? Answer
3. Does my doctor always need my consent to share my health information with another health service provider for my treatment? Answer
4. Can my health information, when held by a private sector organisation, be used without my consent for research, the collection and analysis of statistics or for health service management? Answer
5. Can a private hospital use or disclose my health information for it's own business or management purposes without my consent? Answer

Genetic information

1. Can my doctor share my genetic information without my consent? Answer
2. I received a letter from a doctor which says I might be at risk of inheriting a genetic disease. How did the doctor get my contact details? Answer

Credit

1. How do I get a copy of my credit report? Answer
2. When can a default be listed on my credit file? Answer
3. Why isn't an overdue payment removed from my credit file after I've paid the default? Answer
4. Why do I have a listing on my credit file when I only made an enquiry with a credit provider? Answer

Government

1. I am concerned that an Australian or ACT government agency is using my personal information incorrectly. What can I do? Answer
2. Can an Australian or ACT government agency disclose my personal information to my partner or another family member? Answer

Telecommunications

1. Are there rules about recording or monitoring my telephone conversations? Answer

Private Schools

1. Are private schools and colleges covered by the Privacy Act? Answer
2. Can private schools disclose non-educational personal information about students to their parents? Answer
3. Can parents whose children attend a private school/college get access to their children's school reports? Answer
4. Can non-custodial parents whose children attend a private school/college get access to their children's school reports? Answer

ID Scanning

1. What is ID scanning? Answer
2. Why are people so worried about ID scanning? Answer
3. Is ID scanning legal under the Privacy Act? Answer
4. Do I have to give my ID? Answer
5. I guess I'm comfortable showing my ID, but does it have to be scanned? Can't it just be looked at? Answer
6. There's a lot of information on my ID. Is all of it allowed to be collected? Answer
7. I'm worried about security once my ID is scanned. What obligations do businesses have? Answer
8. If I think a business is scanning ID inappropriately, what can I do? Answer

Social Networking

1. What are social networking sites? Answer
2. Are there any privacy risks associated with using social networking sites? Answer
3. Do I have rights under the Privacy Act when I use social networking sites? Answer
4. I have a privacy-related complaint about a social networking site. Who can I complain to? Answer
5. Are organisations allowed to use the personal information I post on social networking sites? Answer
6. How long does my information stay on social networking sites? Answer
7. What can I do to protect my privacy when using social networking sites? Answer
8. What can I do if someone posts information about me on a social networking site that I want removed? Answer
9. What can I do if I'm being threatened, harassed or defamed online? Answer
10. Where can I go for more help? Answer

Spam

1. What is spam? Answer
2. Are there laws about spam? Answer
3. How does the Privacy Act apply to commercial electronic messages and spam? Answer
4. Can a business send me commercial electronic messages without my consent? Answer
5. What can I do to stop a business sending me commercial electronic messages? Answer
6. What information must commercial electronic messages contain? Answer
7. Are all commercial electronic messages covered by the Spam Act? Answer
8. Who can I complain to about receiving spam? Answer
9. How can I protect myself against spam? Answer

Real estate

1. I'm concerned about the way my real estate agent or landlord is handling my personal information. Who can help me? Answer
2. If a real estate agent collects information about me, what do they have to do under the Privacy Act? Answer
3. Can a real estate agent take an image of my property or household belongings? Answer
4. What does the real estate agent have to do if they want to collect my information at a property that is open for inspection? Answer
5. What can a real estate agent do with the contact details collected about me at an open inspection? Answer
6. I'm applying for a lease. What 'identity documents' can the real estate agent collect from me? Answer
7. Who can a real estate agent disclose my personal information to? Answer
8. Can my real estate agent give information about me to a residential tenancy database operator? Answer
9. A real estate agent has listed me on a residential tenancy database. Can I access the information the residential tenancy database holds about me? Answer
10. I think that a real estate agent or residential tenancy database operator has recorded incorrect information about me. What can I do? Answer

Personal Property Securities Register

1. How will privacy be protected on the Personal Property Securities Register? Answer

Why not take the Privacy Quiz for Individuals - PDF

About the FAQs

Responses to FAQs are based on the Office's understanding of how the Privacy Act works. The responses apply to the various privacy provisions and principles in a given situation and may help individuals, agencies, organisations and community groups in similar circumstances to reach a privacy solution.

Our responses to these questions are advisory only and not legally binding. You may need to seek separate legal advice on the application of the Privacy Act to your particular situation.

Nothing in an FAQ response limits the Privacy Commissioner's ability to investigate complaints under the Privacy Act or to apply the Information Privacy Principles or the National Privacy Principles in the way that seems most appropriate to the facts of the case being dealt with.

You may also wish to consult the Privacy Commissioner's guidelines and information sheets.