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Sanctions

If somebody feels that your organisation has handled their personal information inappropriately, they can make a complaint.

This complaint will be investigated by an adjudicator or the Privacy Commissioner, who may determine that you've interfered with the person's privacy.

The Commissioner has broad powers, which include power to:

  • order that the complainant be reimbursed for any reasonable expenses incurred in bringing the complaint; 
  • make a declaration that the organisation has engaged in conduct constituting an interference with the privacy of an individual and that it must not repeat or continue such conduct; 
  • make a declaration that the organisation redress loss or damage suffered by the complainant; 
  • make a declaration that the complainant is entitled to a specified amount as compensation;
  •  make an order that the organisation delete, correct or alter a record; or 
  • order the organisation not to repeat an activity. 

Penalties for breaching the credit information and credit reporting provisions of the Privacy Act are extremely harsh, with fines of up to:

  • $30,000 for individuals; and 
  • $150,000 for companies. 

 



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