Privacy Act 1988

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The Privacy Act 1988 is an Australian law regarding privacy, enacted in 1988. By virtue of section 13, the privacy protected would be against the cabinet, a department, a tribunal or a court, for examples.

Section 14 stipulates a number of privacy rights. Namely, no personal information should be kept in government files or made public by the government unless obtaining the information is relevant to the government's policy objective and the specific information obtained must be obtained. Australians have a right to know why such information about them is being acquired, and who will see the information. Those in charge of storing the information have obligations to ensure such information is neither lost nor exploited. An Australian will also have the right to access the information unless this is specifically prohibited by law.

There is also a Privacy Commissioner in Australia. Section 36 states that Australians may appeal to this Commissioner if they feel their privacy rights have been compromised, unless the privacy was violated within an association that has its own dispute resolution mechanisms. Ombuds must assist the Australian where appropriate in making such appeals. The Commissioner, who may decide to investigate complaints and in some cases must investigate, can under section 44 obtain relevant evidence from other people. Section 45 allows the Commissioner to interview the people themselves, and the people might have to swear an oath to tell the truth. Anyone who fails to answer the Commissioner may be subject to a fine of up to $2,000 and/or year-long imprisonment (under section 65). Under section 64, the Commissioner is also given immunity against any lawsuits that he might be subjected to for the carrying out of his duties.

If the Commissioner will not hear a complaint, an Australian may receive legal assistance under section 63. If a complaint is taken to the Federal Court of Australia, in certain circumstances others may receive legal assistance.