Privacy Legislation Amendment (Enforcement and Other Measures) Act 2022 (83 of 2022)

Schedule 1   Amendments

Privacy Act 1988

33   After section 52

Insert:

52A Determination - requirement to notify conduct constituting interference with privacy of individual

(1) If a determination under section 52 includes a declaration mentioned in subparagraph 52(1)(b)(iia) or paragraph 52(1A)(ba), the respondent must, within 14 days after receiving the determination (or such longer period as the Commissioner allows):

(a) prepare a statement, in consultation with the Commissioner, setting out:

(i) the identity and contact details of the respondent or, if the respondent is the principal executive of an agency, the agency; and

(ii) a description of the conduct engaged in by the respondent that constitutes the interference with the privacy of an individual; and

(iii) the steps (if any) undertaken, or to be undertaken, by the respondent to ensure the conduct is not repeated or continued; and

(iv) any other information required by the declaration to be included in the statement; and

(b) if required by the declaration - give a copy of the statement to the complainant or, if the complaint is a representative complaint, to each class member identified as affected by the determination, in the manner specified by the declaration; and

(c) if required by the declaration - publish, or otherwise communicate, the statement in the manner specified by the declaration; and

(d) give the Commissioner, within 14 days after the end of the period specified in the declaration, evidence that the actions required by paragraphs (b) and (c) were taken in accordance with this section and the declaration.

(2) The matters specified by the Commissioner for the purposes of subsection (1) must be reasonable and appropriate.