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Legal > Privacy & Confidentiality

Breach of Privacy:

Overview FAQs Articles Locations

Privacy is the ability to have control over your personal information, including its collection, storage, application and dissemination by various institutions including government departments, public sector agencies, health service providers and employers. National and State laws regulate the retention, use and access to personal information within Australia.

The Australian Privacy Principles ("APP") have also been created to provide guidelines regarding privacy. The APP includes 5 parts which cover:

  1. The consideration of privacy and managing personal information in an open and transparent way;
  2. Collection of personal information;
  3. Use of personal information;
  4. The integrity of personal information; and
  5. Access to and amendments to personal information.

In NSW, if there has been a breach of privacy, the person about whom the personal information relates, may have several options available to them, including making a complaint to the Office of the Australian Information Commissioner or the NSW Privacy Commissioner.

The Privacy Commissioner aims to promote the adoption and compliance with information protection objectives, to publish guidelines about privacy issues, to provide education programs, receive investigate and conciliate complaints about privacy matters.

Complaints must be made within 6 months of the complainant becoming aware of the privacy concern/ breach of privacy.

Preliminary assessment can be undertaken to determine if an investigation should proceed thereafter. There are however, several types of complaints that will not be investigated, including those that are:

  • Frivolous and without merit;
  • Complaint is trivial;
  • Required or authorised by law (eg by Court Order);
  • Best dealt with via alternative remedies (eg internal review by a public sector agency).

If the complaint is considered, the Commissioner will try to resolve the dispute by conciliation. During the investigation and conciliation process, leave for legal representation is required. At the conclusion of these proceedings, the Commissioner may provide a written report of its findings and recommendations.

If you require assistance with your Privacy & Confidentiality Law matter, we recommend you contact our office and arrange an appointment to see one of our Privacy & Confidentiality Law Solicitors in our Sydney office. By appointment, we can also arrange a time for you to see one of our lawyers at a branch office. For a complete listing please see our "Locations" tab.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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