Make a privacy complaint
Part of the Privacy and right to information topic.
You can make a privacy complaint if you believe the Queensland Government has handled your personal information in a way that’s inconsistent with your privacy rights.
On this page
In short
You can use this service to:
- make a privacy complaint.
See how to make a privacy complaint for the full application process.
You'll be taken to another website.
What you should know
Privacy principles apply only to Queensland Government agencies. They do not apply to private sector organisations, community sector organisations, or individuals.
Before making a formal privacy complaint to the Office of the Information Commissioner (OIC), you must first try to resolve the issue directly with the relevant government agency.
If the agency does not respond to your complaint or you are not satisfied with their response, you can escalate your complaint to the OIC after 45 business days.
Who can use this service
| You can use this service if: |
|---|
| Correct.you aryouyou are you believe a Queensland Government agency has handled your personal information in a way that breaches the privacy principles under the Information Privacy Act 2009 (IP Act). |
| Don't use this service if: |
|---|
Incorrect.you your complaint is about a private sector organisation, community sector organisation, or individual. |
How to make a privacy complaint
Step 1: Contact the relevant agency
Before making a formal privacy complaint to the OIC, you must first try to resolve the issue directly with the relevant government agency.
- Write a complaint explaining the act or practice that you are concerned about.
- Keep a copy of your complaint for your records.
- Submit your complaint to the agency. The Right to Information and Information Privacy website has a list of privacy contacts for each agency.
The government agency has 45 days to respond. If your complaint is resolved, the process ends here.
If the agency does not respond to your complaint or you are not satisfied with their response, you can escalate your complaint to the OIC after 45 business days.
Step 2: Make a formal complaint to the OIC
Choose how to make a formal privacy complaint to the OIC and follow the steps.
Step 1: Complete the online complaint form
Complete the form OIC privacy complaint form. You'll be taken to another website.
Step 2: Provide details of the complaint
Include:
- details of the act or practice you are complaining about
- the date you first complained to the agency
- copies of any relevant documents
- what resolution you are seeking.
Step 3: Confirmation of receipt
You should receive notice from the OIC within 5 days that your privacy complaint has been received.
Find out what to expect when you lodge a privacy complaint with the OIC
Step 4: Complaint is assessed
The OIC will assess whether your complaint shows an 'arguable case' that a privacy breach has occurred. They will provide you with a written notice that sets out the reason for their decision.
Step 5: Your complaint is rejected or accepted
If the OIC does not accept your complaint, there are no more options available to continue your complaint under the IP Act.
If your complaint is accepted the OIC will work with you and the agency to resolve the complaint through mediation.
Step 6: Referral of unresolved complaint
If it is unlikely that your complaint will be resolved by mediation, you can ask for it to be referred to the Queensland Civil and Administrative Tribunal (QCAT).
If the complaint is referred, you and the agency will be the parties to the hearing before QCAT.
Step 1: Compose an email
Include:
- details of the act or practice you are complaining about
- the date you first complained to the agency
- copies of any relevant documents
- what resolution you are seeking.
Step 2: Submit your complaint
Email your complaint to: administration@oic.qld.gov.au
Step 3: Confirmation of receipt
You should receive notice from the OIC within 5 days that your privacy complaint has been received.
Find out what to expect when you lodge a privacy complaint with the OIC
Step 4: Complaint is assessed
The OIC will assess whether your complaint shows an 'arguable case' that a privacy breach has occurred. They will provide you with a written notice that sets out the reason for their decision.
Step 5: Your complaint is rejected or accepted
If the OIC does not accept your complaint, there are no more options available to continue your complaint under the IP Act.
If your complaint is accepted the OIC will work with you and the agency to resolve the complaint through mediation.
Step 6: Referral of unresolved complaint
If it is unlikely that your complaint will be resolved by mediation, you can ask for it to be referred to the Queensland Civil and Administrative Tribunal (QCAT).
If the complaint is referred, you and the agency will be the parties to the hearing before QCAT.
How long it takes
Resolving your complaint directly with the agency: up to 45 days.
Receiving confirmation that your formal complaint has been lodged with the OIC: 5 days.
Resolving your formal complaint with the OIC: Timeframe varies depending on complexity of the complaint and caseload of the OIC and QTAC.
How much it costs
There is no cost for this service.