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Information Act 2002
104Complaint about interference with privacy
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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:
(i) an IPP; or
(ii) a code of practice; or
(iii) an authorisation; or
Information Act 2002 65
(iv) 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
(c) a person or body under a corresponding privacy law,
as if it were a complaint made under subsection (1).