Guide to privacy regulatory action second tranche

The Office of the Australian Information Commissioner (OAIC) is seeking public comment on an exposure draft of three chapters of the Guide to privacy regulatory action (Guide):

  • Chapter 2 — Privacy complaint handling process
  • Chapter 5 — Determinations
  • Chapter 6 — Injunctions

Exposure drafts of the other six chapters of the Guide were released for public comment in November 2014 and are in the process of being finalised.

Background

The Commissioner has a wide range of powers relating to the privacy complaint handling process including to:
• assist a person to formulate and make a complaint
• make preliminary inquiries of any person
• transfer matters to an alternative complaint body in certain circumstances
• attempt to conciliate the complaint
• conduct an investigation into the complaint
• at any stage, not investigate, or cease to investigate or not investigate further, the complaint on various grounds
• require a person to give information or documents, or to attend a compulsory conference
• enter premises to inspect documents
• accept an enforceable undertaking
• make a determination about the complaint – by the Commissioner
• seek to enforce a determination in a court.

After investigating a complaint, the Commissioner may make a determination which either dismisses the complaint or finds that the complaint is substantiated.

Where a person has engaged, is engaging, or is proposing to engage, in any conduct that constituted or would constitute a contravention of the Privacy Act, the Court may grant an injunction:
• restraining a person from engaging in the conduct; and
• if in the Court’s opinion it is desirable to do so, requiring the person to do an act or thing.

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