Data breach

Guide to providing a loss and damage statement to the Office of the Australian Information Commissioner

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).

The Office of the Australian Information Commissioner (OAIC) is currently investigating the Data Breach and has requested that persons who consider they may have experienced loss or damage as a result of the Data Breach provide it with a statement setting out their loss and damage as well as any documents which support this claim. The OAIC may award compensation to persons who have experienced loss or damage as a result of the Data Breach.

The Guide

Slater and Gordon Lawyers have prepared the Guide to assist persons affected by the Data Breach and their advocates to write their own statement and organise supporting documents to submit to the OAIC. The Guide includes background information as well as a step-by-step process for preparing a statement and supporting documents. All statements and supporting documents must be provided to the OAIC by no later than 4pm on the 19th of October, 2018.

Persons who fail to provide their statement and supporting documents to the OAIC by 4pm on the 19th October 2018 may lose the right to seek compensation for any loss or damage they may have experienced as a result of the Data Breach. Because of this it is important to commence preparing your statement and supporting documents as soon as possible.

1. Download the Data Breach Guide
2. Download the Data Breach Statement Booklet

Please contact Slater and Gordon Lawyers at databreach@slatergordon.com.au if you require the Guide or Statement Booklet in another language.