tribunals and officers of parl - privacy commissioner Flashcards
the privacy act is concerned with
the privacy of personal information about an identifiable person
s7
privacy commissioner is established as
a crown entity under s13 of the privacy act 2020
what is a crown entity
and what section s20
technically part of the executive and is appointed by the executive but has independence and autonomy
independence and autonomy is especially important for the PC as
the pc spends a lot of time investigating the actions of the executive
s17 pa
lists the functions of the pc
list a few functions of the pc as per s17
- monitor compliance w pa
- promote understanding about privacy principles
- listens dn respond to public concerns around privacy
s20 and 21 pa
duties of the pc
s20 pa
must act independently of the crown when exercising functions
s21 pa
when exercising functions must consider
- priv interest humans
- international
- cultural
- develop privacy
- have regard
what is s22 pa
IPP - information privacy principles
IPP 6
accessing private information
IPP 6 is the only
principle enforceable by the courts (s31)
s40 pa
can request private information about yourslef
should be made very specific
what is a refusal for under IPP 6
heath and saftety, employment matters, trade secrets, security
s69 pa
interferences w prinacy
under s69 pa what constitutes a n interference w privacy
- a breach of IPP and damage, loss, humiliation
OR - refusal under section 6 or 7 w/o proper basis
process for PC if there is an interferences
- victims can make complaints to pc or pc investigate for themselves s79
- pc decide
whether to investigate s73
not investigate s74
refer complaint s75 s76
explore settlement s77
during an investigation, no one is
able to be heard by the PC S81
following an investigation, the pc…
- try to secure settlement
- make order for access
- refer to director of human rights proceedings
- or any other action deemed appropriate s91
what is the most serious thing the PC can do if complaint has substance but unable to secure settlement
refer to the director of human rights review tribune HRRT
Process within the HRRT
- DIRECTOR CAN DECIDE to commence proceedings s97
- can grant remedies including damages s102,s102
a complaint can also get to the HRRT without
the commissioner reffing it there s98
what is the main priority for the commissioner during before or after an equirey
TO SECURE A SETTLEMENT
PROCEEDINGS commissioner v commissioner of the police
facts
Sargent contacted a friend at a newspaper to gather information and disclosed details that made the woman identifiable. An article was later published with enough information for her to be recognized by a friend
PROCEEDINGS commissioner v commissioner of the police
issue
there is obviously humiliation but is an IPP breached ?
PROCEEDINGS commissioner v commissioner of the police
held
disclosure can be through actions and does not need to be intended
- identification. standards is of someone who already can knowledge
what is a notifiable breach
a breach of an IPP that the agency reasonably believes has caused or is likely to cause serious harm to affected individual
what happens when there is a notifiable breach
agencies have a statutory duty under 114 and 115 to notify the PC and the affected individual of the breach
what happens if there is a failure of statutory duty under 114 and 115
failing to comply with this duty is an offence and may result in a fine up to 10,000
what is a compliance notice
- pc may issue these to agencies that are not meeting their obligations under the PA
can compliance notices be applied
yes agencies can appeal compliance notices in the HRRT
REFUSING to comply with a compliance notice is
an offences under the PA that can be enforced by the HRRT S130
