Knowing your privacy rights

We all have rights in relation to the protection of personal information. Privacy legislation in Australia and New Zealand requires regulated entities to protect information that identifies you. It is important to understand these rights, particularly when they are threatened by identity compromise and misuse, including data breach events. The Privacy Commissioner websites in Australia and New Zealand are the best sources of information on these rights. This Fact Sheet introduces the basics and provides some tips if your identity information is compromised. 

Know your privacy rights

In most cases privacy legislation and related rules allows individuals to: 

Know why information is being collected, how it will be used, and who it can be disclosed to. 
Make a formal request to access your own personal information. 
Ask for incorrect information to be corrected. 
Make a complaint about an entity covered by the legislation if you believe they have mishandled your information.

Following the introduction of new notifiable data breach laws in Australia, organisations with obligations under the Privacy Act 1998 (Cth) must now notify you of certain data breaches. Please see our data breaches fact sheet. 

Privacy and identity theft

You have a right to know what personal information of yours was used in the event of identity fraud.
Businesses are expected to have procedures for identifying and responding to privacy issues. 
Note that whilst an organisation is not required to provide you details about the person that is suspected of impersonating you, there are ways that organisations can validate whether your credentials have been used.
Ensure that all communications and decisions made with the business are recorded.
Some industries have a national, state and territory ombudsmen may be able to help resolve disputes when an organisation cannot provide a satisfactory outcome.

Privacy awareness

There are steps you can take in relation to the privacy of your personal information.

‍Read privacy policies to understand how your information will be used. 
Ask why, how, and who. If you don’t think they need it, don’t supply it.  (However, be aware this can result in refusal of service if the information is required by the organisation).
Make sure the websites you are visiting are secure before providing any personal information. 
Avoid using unsecured Wi-Fi. 
Use strong, diverse passwords for all your accounts. 
Use security software on all devices. 
Be careful with what you share on social media and store on your devices.
Store your private information inconspicuously and securely dispose of hard copy and electronic records.
Keep up to date on the latest scams.
Block cookies and think about whether you are happy to lose control of your private information.

For additional support or information, contact IDCARE by submitting a Get Help Form or call 1800 595 160 (Aus) or 0800 121 068 (NZ).

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