The Office of the Federal Privacy Commissioner (the Commissioner) is an independent office established under the Privacy Act. Its purpose is to promote an Australian culture that respects privacy.
Commissioner's role and responsibilities
One of the Commissioner's stated aims is to recognise that the right to privacy must be balanced against other important social interests, such as the free flow of information and government and business efficiency.
The Commissioner is responsible for personal information handled by both the Federal public sector and the private sector (including credit providers and credit reporting agencies). The Commissioner approves privacy codes, works to promote privacy and educate the public about privacy, and provides:
The Commissioner approves privacy codes, works to promote privacy and educate the public about privacy, and provides:
- information and advice (see for example the Commissioner's Guidelines and Information Sheets);
- a hotline on individuals' rights under the Privacy Act;
- policy advice on privacy issues for government and the private sector; and
- complaints handling and auditing.
Review
On 18 May 2005, the Federal Attorney-General released the Privacy Commissioner's review (see detailed analysis of review) into the operation of the private sector provisions of the Privacy Act 1988.
The review contains 85 recommendations for improvement - these range from providing greater national consistency in the protection of privacy, particularly in the health sector, to providing for greater consumer control over personal information (particularly in relation to information collected indirectly or used or disclosed for purposes such as direct marketing), to recommendations that address the need to raise the privacy awareness of organisations and individuals.
The Commissioner also releases case notes, which provide further illustrations of the various ways in which organisations, through error or misinterpretation, may breach provisions of the Privacy Act 1988 (Cth) (the Act). For example, see case notes.
The review is now with the Federal Government to consider.