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ARTICLE · 04 APRIL 2012

Privacy update: recent cases and federal reforms

The Office of the Privacy Commisioner has now been integrated into the Office of the Australian Information Commisioner.

AustraliaGovernment, Public Sector

In L v Commonwealth Agency [2010] PrivCmr 14, the former Privacy Commisioner (noting that as of 1 November 2010, the former Office of the Privacy Commisioner has been integrated into the Office of the Australian Information Commisioner (OAIC)) (Commisioner) reviewed a decision made by a Government Agency (the Agency) to publicly disclose an individual's private information to the media. The Agency disclosed the information in response to the Complainant making public criticisms to the media about an Agency decision.

IPP 11 prohibits the disclosure of personal information to anyone else other than the individual concerned, unless a relevant exception applies. IPP 11.1(a) provides an exception where the individual is reasonably likely to have been aware or made aware that information of that kind is usually passed to the relevant person, body or agency.

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