tribunals and officers of parl - privacy commissioner

Question 1

the privacy act is concerned with

Answer 1

the privacy of personal information about an identifiable person
s7

Question 2

privacy commissioner is established as

Answer 2

a crown entity under s13 of the privacy act 2020

Question 3

what is a crown entity

and what section s20

Answer 3

technically part of the executive and is appointed by the executive but has independence and autonomy

Question 4

independence and autonomy is especially important for the PC as

Answer 4

the pc spends a lot of time investigating the actions of the executive

Question 5

s17 pa

Answer 5

lists the functions of the pc

Question 6

list a few functions of the pc as per s17

Answer 6

• monitor compliance w pa
• promote understanding about privacy principles
• listens dn respond to public concerns around privacy

Question 7

s20 and 21 pa

Answer 7

duties of the pc

Question 8

s20 pa

Answer 8

must act independently of the crown when exercising functions

Question 9

s21 pa

Answer 9

when exercising functions must consider
- priv interest humans
- international
- cultural
- develop privacy
- have regard

Question 10

what is s22 pa

Answer 10

IPP - information privacy principles

Question 11

IPP 6

Answer 11

accessing private information

Question 12

IPP 6 is the only

Answer 12

principle enforceable by the courts (s31)

Question 13

s40 pa

Answer 13

can request private information about yourslef

should be made very specific

Question 14

what is a refusal for under IPP 6

Answer 14

heath and saftety, employment matters, trade secrets, security

Question 15

s69 pa

Answer 15

interferences w prinacy

Question 16

under s69 pa what constitutes a n interference w privacy

Answer 16

• a breach of IPP and damage, loss, humiliation
  OR
• refusal under section 6 or 7 w/o proper basis

Question 17

process for PC if there is an interferences

Answer 17

1. victims can make complaints to pc or pc investigate for themselves s79
2. pc decide
   whether to investigate s73
   not investigate s74
   refer complaint s75 s76
   explore settlement s77

Question 18

during an investigation, no one is

Answer 18

able to be heard by the PC S81

Question 19

following an investigation, the pc…

Answer 19

• try to secure settlement
• make order for access
• refer to director of human rights proceedings
• or any other action deemed appropriate s91

Question 20

what is the most serious thing the PC can do if complaint has substance but unable to secure settlement

Answer 20

refer to the director of human rights review tribune HRRT

Question 21

Process within the HRRT

Answer 21

• DIRECTOR CAN DECIDE to commence proceedings s97
• can grant remedies including damages s102,s102

Question 22

a complaint can also get to the HRRT without

Answer 22

the commissioner reffing it there s98

Question 23

what is the main priority for the commissioner during before or after an equirey

Answer 23

TO SECURE A SETTLEMENT

Question 24

PROCEEDINGS commissioner v commissioner of the police

facts

Answer 24

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

Question 25

PROCEEDINGS commissioner v commissioner of the police

issue

Answer 25

there is obviously humiliation but is an IPP breached ?

Question 26

PROCEEDINGS commissioner v commissioner of the police

held

Answer 26

disclosure can be through actions and does not need to be intended

• identification. standards is of someone who already can knowledge

Question 27

what is a notifiable breach

Answer 27

a breach of an IPP that the agency reasonably believes has caused or is likely to cause serious harm to affected individual

Question 28

what happens when there is a notifiable breach

Answer 28

agencies have a statutory duty under 114 and 115 to notify the PC and the affected individual of the breach

Question 29

what happens if there is a failure of statutory duty under 114 and 115

Answer 29

failing to comply with this duty is an offence and may result in a fine up to 10,000

Question 30

what is a compliance notice

Answer 30

• pc may issue these to agencies that are not meeting their obligations under the PA

Question 31

can compliance notices be applied

Answer 31

yes agencies can appeal compliance notices in the HRRT

Question 32

REFUSING to comply with a compliance notice is

Answer 32

an offences under the PA that can be enforced by the HRRT S130