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Publication date: 11 July 2018
TO ALL PERSONS IN IMMIGRATION DETENTION ON 31 JANUARY 2014
Background
1 On 10 February 2014, the Department of Immigration and Border Protection (Department) published a detention report on its website in error. The report contained the personal information of persons who, as at 31 January 2014, were in immigration detention facilities or in the community under residence determination, or alternative places of detention (Data Breach).
2 The personal information was removed from the Department’s website on 19 February 2014 and from The Internet Archive on 27 February 2014.
3 On 30 August 2015, a representative complaint was made to the Commissioner on behalf of all persons whose information was published by the Department in error (Representative Complaint).
What is a representative complaint?
4 A representative complaint is a complaint made by an individual under the Privacy Act 1988 (Cth) on behalf of other individuals who have similar complaints about an act or practice that may be an interference with their privacy. The Commissioner may make a declaration that class members are entitled to compensation for any loss or damage suffered by reason of the act or practice the subject of the complaint.
Why is this Notice important?
5 In order to make a determination about the Representative Complaint, including whether any of the persons whose personal information was published in the Data Breach are entitled to compensation for any loss or damage suffered, the Commissioner needs information from you.
6 If you were affected by the Data Breach and do not provide information of the kind described below, the Commissioner may conclude that he is not satisfied you have suffered any loss or damage as a result of the Data Breach and you may not receive compensation for the Data Breach.
What do I need to do?
7 If you did not suffer any loss or damage as a result of the Data Breach, you will not be entitled to compensation and you can ignore this Notice.
8 If you believe you suffered loss or damage as a result of the Data Breach, and want the opportunity to potentially recover compensation for that loss or damage, you need to provide the Commissioner with information about your loss or damage:
- You should provide all the information you consider to be relevant to the loss or damage you suffered.
- The information may be in the form of a statutory declaration or signed statement in your own words. Statutory declarations or signed statements in a standard form will be given little weight.
- The information may include evidence from the time of the Data Breach or when you first found out about the Data Breach, such as medical reports, that contain details about how you felt or reacted to the Data Breach and any treatment you received. Medical reports prepared after the date of this Notice will be given little weight.
- Letters written on your behalf, which are not in your own words, will be given little weight.
- The Commissioner may not consider information that is provided after the deadline below.
9 You must upload this information on the Response Form at oaic.gov.au/repcomplaint. You can also provide the information by sending it to repcomplaint@oaic.gov.au or to GPO Box 5218, Sydney NSW 2001. You must provide sufficient information (including your full name and date of birth, and any relevant Department of Immigration identification number) to allow the OAIC and the Department to identify you.
10 You must send any information by: 4.00 pm on 19 April 2018.
Opting-out of the Representative Complaint
11 If you do not consent to the Representative Complaint being made on your behalf and do not want to be part of it, you can opt out of the Representative Complaint at any time by visiting the OAIC website at oaic.gov.au/repcomplaint and filling out the Response Form.
12 Opting out may affect your ability to obtain compensation in respect of the Data Breach. Please read the information on the Response Form carefully.
Questions and assistance
13 If you need assistance to understand or respond to this Notice, please contact OAIC on 1300 363 992 or email repcomplaint@oaic.gov.au.
24 January 2018
Note: The Acting Commissioner has granted a further 14 week extension of time for group members to respond to the Notice to all persons in immigration detention on 31 January 2014. The closing date for submissions is now 4.00pm on 19 October 2018. It is not anticipated that any further extensions of time will be granted.
