On 10 February 2014, the Department of Immigration and Border Protection (Department) (now the Department of Home Affairs) 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).
The personal information was removed from the Department’s website on 19 February 2014 and from The Internet Archive on 27 February 2014.
On 30 August 2015, a representative complaint was made to the Commissioner on behalf of all of 9,258 persons whose information was published by the Department in error (Representative Complaint).
What is a representative complaint?
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 form important?
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.
If you were affected by the Data Breach and do not provide information of the kind described below, the Commissioner may conclude that you have not suffered any loss or damage as a result of the Data Breach and you may not receive compensation.
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 submitting the Response Form below.
What do class members need to do?
If you believe you were affected by the Data Breach, you have three options. Those options are set out on the next page.