Part 5 s 69
Privacy Act 2020
Version as at
6 December 2023
parties,—
(a)
(b)
in relation to an investigation conducted by the Commissioner on receiv‐
ing a complaint under section 72(1), means—
(i)
the complainant whose complaint is the subject of the investiga‐
tion; and
(ii)
the aggrieved individual, if the complaint is made on behalf of
that aggrieved individual (and no other aggrieved individual); and
(iii)
the respondent:
in relation to an investigation conducted by the Commissioner on the
Commissioner’s own initiative, means—
(i)
the aggrieved individual or aggrieved individuals (if known); and
(ii)
the respondent
respondent means an agency whose action is the subject of an investigation
under subpart 2.
69
Interference with privacy of individual
(1)
In this Act, an action of an agency is an interference with the privacy of an
individual in any of the circumstances set out in subsection (2) or (3).
(2)
An action of an agency is an interference with the privacy of an individual if
the action breaches,—
(a)
(b)
(3)
(i)
1 or more of the IPPs; or
(ii)
the provisions of an approved information sharing agreement; or
(iii)
the provisions of an information matching agreement or section
179 or 181; or
(iv)
section 115 (which requires an agency to give notice to affected
individuals or the public of a notifiable privacy breach); and
the action—
(i)
has caused, or may cause, loss, detriment, damage, or injury to the
individual; or
(ii)
has adversely affected, or may adversely affect, the rights, bene‐
fits, privileges, obligations, or interests of the individual; or
(iii)
has resulted in, or may result in, significant humiliation, signifi‐
cant loss of dignity, or significant injury to the feelings of the indi‐
vidual.
An action of an agency is an interference with the privacy of an individual if, in
relation to a request made by a person under IPP 6 or 7, the agency has, with‐
out proper basis, made—
(a)
54
in relation to the individual,—
a decision to refuse a request under IPP 6; or