ComplaintChecker

View printable version of this page

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.

Disclaimer

Click here to return to the start of the ComplaintChecker

Click here to return to Question 1