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Background

On 10 February 2014, the Department of Immigration and Border Protection (now known as the Department of Home Affairs) published in error a detention report on its website which contained personal information of individuals who were, as at 31 January 2014, in immigration detention, in community detention, or in alternative places of detention (the data breach).

A representative complaint was made on behalf of the people affected to the Office of the Australian Information Commissioner (OAIC).

Slater and Gordon has acted for the representative complainant in this complaint, and has advocated on behalf of individuals affected by the data breach generally as part of this process.

The Australian Information Commissioner and Privacy Commissioner (the Commissioner) has now published a determination or a decision regarding the representative complaint.

The Determination

The Commissioner determined that the Department interfered with the privacy of people affected by disclosing their personal information and failing to take reasonable data security safeguards.

The Commissioner determined that people affected by the data breach who have made a submission or provided evidence that demonstrated that they suffered loss or damage as a result of the data breach, are entitled to be paid compensation. People affected by the data breach who did not make a submission will not be entitled to compensation.

The Guides

Slater and Gordon Lawyers have prepared Guides to assist persons affected by the determination.

Translated versions of these Guides are available below.

Who can I contact for free assistance?

If a legal representative previously assisted you regarding the data breach, please contact them first.

If you do not have legal representation, or if your previous representative is no longer able to assist you, please read: List of support organisations offering free assistance

You can also read the information published on the OAIC’s website.

Information for pro bono lawyers or advocates

Slater and Gordon have prepared a Guide to the determination for pro bono lawyers or advocates who are assisting persons affected by the data breach.

Please read: Guide to the determination for pro bono lawyers or advocates