Information Privacy

Most government agencies throughout Australia have information privacy obligations in relation to personal information and/or health information. 

Non-compliance with these privacy obligations can give rise to allegations of interference with or breaches of privacy. If such breaches exist, that can give rise to consequences for agencies ranging from embarrassment through to financial penalties.

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Information Privacy

Most government agencies throughout Australia have information privacy obligations in relation to personal information and/or health information. 

Non-compliance with these privacy obligations can give rise to allegations of interference with or breaches of privacy. If such breaches exist, that can give rise to consequences for agencies ranging from embarrassment through to financial penalties.

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Privacy Advice

FOI Solutions has extensive experience in providing legal advice on matters including:

  • Mandatory notification of privacy breaches

  • Acting for agencies the subject of complaints to commissioners or other integrity bodies

  • Investigation and advice on potential privacy breaches

  • Compliance advice

  • Reviews and audits of policies, processes, and procedures

Privacy Impact Assessments

We have extensive experience in conducting privacy impact assessments (“PIAs”) for agencies contemplating new or amended projects. PIAs are integrally important to:

  • Identifying the specific scope and personal information flows of a project

  • Ensure privacy compliance by identifying gaps and better practices

  • Manage, minimise or eliminate potential privacy risks or impacts

  • Document, through comprehensive reports, the privacy assessment and recommended causes of action

Complaints and Reviews

Individuals who feel affected by potential privacy breaches often make complaints directly to agencies. Alternatively, they may complain directly to a commissioner or similar body. 

FOI Solutions regularly advises clients in relation to handling of complaints, whether being handled directly by the agency or whether being dealt with by a commissioner.

We can assist by:

  • Advising in relation to correct processes and procedures to be followed

  • Investigation of complaints

  • Participation in conciliation or related dispute resolution processes (where permitted by the legislation)

  • In Victoria, conducting VCAT reviews of complaints referred by the commissioner

Data Protection

Agencies have broader obligations beyond just personal information to introduce processes and procedures ensuring data protection more generally. FOI Solutions has expertise in advising agencies about:

  • Legal and related obligations of data protection

  • The need for and content of policies and procedures for data protection

  • Auditing existing projects and procedures for wider data protection compliance

We can also provide customised training on data protection obligations for specific agencies.

Health Records

In some jurisdictions, health information is treated separately from personal information. It is important for relevant agencies to understand the distinction between health and personal information and the different legal obligations that exist for health information in those jurisdictions. FOI Solutions has extensive experience advising agencies in relation to all aspects of health information privacy including:

  • Acting for agencies the subject of complaints to commissioners or other integrity bodies

  • Investigation and advice on potential privacy breaches

  • Compliance advice

  • Reviews and audits of policies, processes, and procedures

Training

FOI Solutions can provide comprehensive training on information privacy for all government agencies. Some typical examples of the types of training we do include:

  • Privacy for privacy officers

  • Privacy awareness for agencies – giving all officers and staff a practical outline and understanding on how privacy laws can affect them on a day-to-day basis

  • Recent developments in privacy

  • Common privacy problems

  • Privacy aspects of CCTV footage

  • Privacy and social media

For more information, click here.

Case Summaries

Victoria - Monthly

FOI Solutions offers a monthly subscription service to all privacy decisions made by the Victorian Civil and Administrative Tribunal. By subscribing to this service, you will have timely access to the most recent VCAT decisions, in an easy-to-understand format within days or weeks of them being made. These practical summaries will help maintain your knowledge in a non-legalistic way. 

For more information or to subscribe to this invaluable service, click here. 

Victoria – Annual

We publish an annual summary of all decisions of the Victorian Civil and Administrative Tribunal in privacy. Those summaries are practical and easy to read and include:

  • legislation index referring to the main sections of the Acts dealt with in each case
  • comprehensive index of key words and phrases
  • alphabetical case index
  • links to full-text copies of each case.

Annual summaries are available from 2004, providing you with an immediate library of previous cases. To order any of those summaries or for more information, click here.

Privacy products & resources

Privacy Compliance Guide and Checklist

For Victorian government agencies subject to the Privacy and Data Protection Act 2014 (Vic), FOI Solutions has developed two products to help organisations move towards compliance. They are:

  • Privacy Good Practice Guide

  • Privacy Self-Assessment Checklist

The Guide is a practical and non-legalistic summary which helps agencies translate their privacy obligations into practical business actions.
The Checklist complements the Guide and, when filled in, gives you a snapshot of how well your organisation is performing its privacy compliance functions. The Checklist will help organisations identify gaps to be addressed leading to a privacy action plan for implementation and continuous improvement.
For more information or to order your set of materials, click here.