Organisations are now required by law to protect the privacy of your personal information. Three laws help protect Victorians' privacy:
- The Privacy Act (Cth) covers Federal government departments and agencies and the private sector
- The Information Privacy Act (Vic) covers Victorian public sector agencies and local councils
- The Health Records Act (Vic) deals specifically with health information
The Information Privacy Act
The Information Privacy Act covers the way State government organisations, statutory bodies and local councils collect and handle your personal information.
It contains 10 Information Privacy Principles. With limited exceptions, all Victorian government organisations, including local councils, must comply with these principles. Non-government organisations that work for government under contract may also be covered.
What is 'personal information'?
'Personal information' means recorded information or opinion, whether true or not, about an identifiable person. Personal information can be almost any information linked to someone, including:
- Name and address
- Sex
- Age
- Financial details
- Marital status
- Education
- Criminal record
- Employment history
The privacy watchdog
Privacy Victoria, the Office of the Victorian Privacy Commissioner, is an independent statutory office created by the Information Privacy Act. Helen Versey is the Acting Privacy Commissioner for Victoria.
The Commissioner aims to get privacy better understood and respected, inside and outside the Victorian public sector.
You can find lots more info about privacy at the Privacy Victoria website (new window).
What can I do if I believe my privacy has been breached?
If you believe an organisation that holds your personal information has breached your privacy, firstly you should try to resolve the matter with them. Ask to speak to the privacy officer or someone who deals with complaints. Write to the organisation, explaining the situation and what you would like to see happen. Give the organisation time to respond.
If you are still not satisfied, you have the right to complain to the Privacy Commissioner.
The Commissioner will try to conciliate your complaint. Where conciliation is not reasonably possible or fails, complaints may go to the Victorian Civil and Administrative Appeals Tribunal (VCAT).
Remedies for a privacy breach
If VCAT upholds a breach of one or more of the Information Privacy Principles, the organisation might have to make an apology, change a procedure, correct or delete personal information, or pay compensation of up to $100,000.
'Uh, Honey! I don't think now is the best time to be talking about our relationship'
Cartoon by Scott Bartlett
Who else protects privacy?
The Federal Privacy Commissioner protects personal information held by federal government agencies, like Centrelink or the Tax Office, and private companies. Visit the Federal Privacy Commissioner's website (new window) or phone 1300 363 992.
The Victorian Health Services Commissioner protects the privacy of health information under the Health Records Act.
Visit the Health Services Commissioner's Website (new window) or phone 1800 136 066.
