104Complaint about interference with privacy

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).