Alleged privacy breach by a NSW Public Sector Agency

The NSW Privacy Commissioner oversights NSW Privacy laws that cover NSW public sector agencies (including NSW Government agencies, local councils and universities), as well as health service providers and certain organisations that collect health information. These laws govern how personal and health information is collected, stored, used and disclosed.

The Privacy Commissioner encourages all public sector agencies to appoint a Privacy Contact Officer to assist with their agency’s compliance with the NSW privacy laws. The Privacy Contact Officer acts as a first point of contact for members of the public for all matters related to privacy and personal information.

If you believe that a NSW public sector agency has breached your privacy, you have the right to apply to that agency for an internal review of the conduct under Part 5 of the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act). You should contact the Privacy Contact Officer for that agency in the first instance.

You have six months from becoming aware of the conduct to seek an internal review by the agency. You can seek an internal review by writing to the agency or filling in our generic form and sending it to the agency.

The agency will write to you with the findings of the review and any actions they propose to undertake. If you are dissatisfied with the outcome of an internal review or if it is not completed within 60 days, you have 28 days to seek an external review by the NSW Civil and Administrative Tribunal (NCAT).

The NSW Privacy Commissioner has an oversight role in the internal review, and can appear at the NCAT in an independent capacity.

Click on the following link to find out more about how to make a complaint about a breach of privacy, and follow the relevant links.

Please note that the Information and Privacy Commission NSW (IPC) does not provide legal advice in any circumstances. If you are seeking legal advice, we suggest you contact LawAccess on 1300 888 529 or your local Community legal centre or the Law Society Solicitor Referral Service on 1800 422 713.

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If you believe that a NSW public sector agency has breached your privacy, click here to find out how to apply to that agency for an internal review.

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