The Office of the Australian Information Commissioner (OAIC) administers the Privacy Act 1988 (Cth) and can help individuals who have complaints regarding privacy issues relating to Commonwealth Government agencies, private organisations, consumer credit reporting activities, tax file numbers and spent convictions.
Under s 27 of the Privacy Act 1988 (Cth), the Commissioner has broad powers to ensure privacy including:
Most investigations into breaches of the APPs result from complaints. Investigations may also occur in matters that come to the Commissioner's attention in other ways [s 40]. The Office of the Australian Information Commissioner has broad powers to obtain information and documents [s 44], to enter premises, to examine witnesses [s 45] and to compel attendance at compulsory conferences [s 46].
Having investigated, the Office of the Australian Information Commissioner may determine whether there has been an interference with a person's privacy and make various declarations, including payment of compensation to the person concerned [s 52]. However, for the OAIC's determinations to be enforced, a new action must be taken in the Federal Court.
The Commissioner has other powers to handle complaints and provide enforceable remedies such as the ability to conduct an assessment of an APP entity’s maintenance of personal information, accept written undertakings about compliance with the Act, recognise external dispute resolution services, conciliate complaints, and make determinations including orders that the Commissioner considers necessary or appropriate.
To make a complaint about an agency's or an organisation's practices that you think amounts to an arbitrary or unreasonable interference with your privacy, contact the Commissioner with details of the practices which you think interfere with your privacy.
For information regarding data breaches, see Consumer Data - Breaches and Rights.
Office of the Australian Information Commissioner (OAIC)
Call: 1300 363 992
Email: enquiries@oaic.gov.au
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
.png)
.jpg)
.jpg)
.jpg)
Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
.png)
.png)
