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ARTICLE · 06 MARCH 2021

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Privacy Commissioner makes first representative award for non-economic loss following a government data breach

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The Department inadvertently published the personal information of over 9,000 individuals held in immigration detention.

AustraliaPrivacy
Dan Pearce
Dan Pearce
Louise Almeida
Louise Almeida
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For the first time, the Privacy Commissioner (Commissioner) has determined that non-economic loss compensation is payable to individuals affected by a data breach in a representative action.

The Commissioner's determination

Earlier this year, the Commissioner ordered that the Department of Home Affairs (Department) compensate over one thousand asylum seekers, including for non-economic loss, provided they demonstrated loss or damage resulting from the unauthorised disclosure of their personal information.

Background

In February 2014, the Department inadvertently published the personal information of over 9,000 individuals held in immigration detention online. The information included names, gender, citizenship details, birth date, period of immigration detention, location, boat arrival details and reasons for being considered an unlawful non-citizen.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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