IP addresses and personal information (was Re: [LINK] Fwd: On
Line Opinion - 16 February 2007)
rene.lk at libertus.net
Sat Feb 24 11:19:06 EST 2007
On Sat, 24 Feb 2007 10:15:25 +1100, Adam Todd wrote:
> I didn't get Alans posting <shrug>
>>> Technically true, but JC can make a complaint about an invasion of
>>> privacy: s32 of the Privacy Act. The complaint is made to the
>>> Privacy Commissioner or to the adjudicator under an approved Code.
> Yes. However the Commissioner has a mandate not to take to cases of
> individuals, only classes of people affected by the same action.
Wrong. Section 36 of the Privacy Act states:
(1) Subject to subsection (1A), an individual may complain to the
Privacy Commissioner about an act or practice that may be an
interference with the privacy of the individual."
Representative complaints (re classes of people) can also be made, see
>>> The Commissioner can award damages including damages for hurt
>>> feelings or humiliation suffered by the complainant: s52.
> Except, that, the Commissioner has to be willing to take it into the
> courts. [...]
Wrong. Note that Alan referred to Section 52. When the Commissioner has
made a determination under s52, the Act requires the respondent to comply
with it (s55). Further, when a determination has been made under s52, the
complainant (or the Commissioner) may commence proceedings for an order to
enforce a determination (e.g. if the respondent hasn't complied with the
Commissioner's determination) in the Federal Court, or Federal Magistrates
Court, see s55A.
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