Complaint about interference with privacy
104 Complaint about interference with privacy
(1) A person may make a complaint to the Commissioner about a public sector organisation on one or both of the following grounds:
(a) that the organisation has collected or handled the person's personal information in a manner that contravenes:
an IPP; or
a code of practice; or
an authorisation; or
Chapter 5A of the Domestic and Family Violence Act 2007;
(b) that the organisation has otherwise interfered with the person's privacy.
(2) A person is not entitled to make a complaint under subsection (1) unless the person:
(a) has requested the public sector organisation to resolve or rectify the matter complained of; and
(b) has not received a response or is not satisfied with the response received.
(3) The Commissioner may deal with a complaint referred to him or her by:
(a) the Ombudsman under section 32 of the Ombudsman Act 2009; or
(b) the Health Complaints Commissioner under section 27 of the Health and Community Services Complaints Act 1998; or
a person or body under a corresponding privacy law,
as if it were a complaint made under subsection (1).
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