Privacy Law and Freedom of Information

In Australia, Freedom of Information and privacy laws give individuals the right to access information that has been collected about them by a government department or agency. The Freedom of Information Act 1982 sets out when a person can access their information and what rights a person has when someone else requests access to documents that contain information about them.

Freedom of information and your rights

Freedom of information (FOI) requests are often made by individuals, companies and journalists seeking to obtain knowledge. The information may be sought for a range of purposes including business reasons, personal interest, or court proceedings.

At Taylor Rose, our experienced solicitors can help you to draft an FOI request to obtain the information you require. We can also advise you on how to lodge a complaint against authorities that have failed to comply with their obligations. We can also assist with appealing against a decision by a government department or agency to withhold information requested under the Freedom of Information Act 1982.

Privacy law

The law demands that your personal data be protected by organisations that collect and want to use it. These organisations and companies are bound by the Privacy Act 1988. Individuals have a legal right to access information about how an organisation processes their data so they can be sure it is accurate and being used in accordance with the law. Among other things, you are entitled to know:

• What personal data the organisation holds about you
• Why your personal data is being stored
• Where your personal data is being processed

We can help you exercise this right of access and advise you on the results. We can also assist you to:

• Correct any inaccurate information being held
• Request the erasure of personal data held
• Restrict the use of information
• Object to the use of your data

Claiming compensation for a personal data breach

Too often, organisations lose control of the public’s personal data or use it in a manner that is inconsistent with the law. When a privacy breach and personal data is adversely affected, this is a breach of privacy.

Such an incident may result in the following:

• Your personal data being accidentally or unlawfully destroyed
• Your data being lost
• Your data being altered without your permission
• Your data being disclosed to someone who is not permitted to receive it
• Your data being accessed by an unauthorised person

When a breach of your privacy occurs, you may also incur a financial loss as a result of identity theft. Whatever the situation, our experienced and approachable lawyers can answer your questions and advise you on possible next steps, which may include mounting a claim against the organisation involved for the damage, financial loss and/or distress you have experienced.

Please get in touch with us for legal advice on privacy breaches.