The Department of Home Affairs has been ordered to pay compensation for breaching the privacy of 9,251 detainees in immigration detention.
Australian Information Commissioner and Privacy Commissioner, Angelene Falk made the order saying the Department, previously known as the Department of Immigration and Border Protection, mistakenly released detainees’ personal information in 2014.
Ms Falk set out a process for 1,297 participating members who made submissions and/or provided evidence of loss or damage, to be paid compensation provided they had demonstrated they suffered loss or damage as a result of the data breach.
The representative complaint followed the publication of a detention report on the Department’s website in error. The report contained embedded personal information that could identify all persons in immigration detention on 31 January 2014.
Compensation for non-economic loss may range from $500 to more than $20,000 for extreme loss or damage resulting from the data breach.
Ms Falk said compensation for economic loss would be paid on a case-by-case basis.
“This matter is the first representative action where we have found compensation for non-economic loss payable to individuals affected by a data breach,” Ms Falk said.
“It recognises that a loss of privacy or disclosure of personal information may impact individuals and, depending on the circumstances, cause loss or damage.”
She said she expected the compensation process to be concluded within 12 months.
The Commissioner’s full determination can be accessed at this PS News link.
