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The Commissioner and staff at OPC are required to keep information we learn in the course of our work confidential. That means that businesses and organisations can be open with us about what’s happened without fearing that everyone will find out.
Section 206 of the Privacy Act requires the Commissioner and any person who is or has been employed or engaged by the Commissioner to maintain strict secrecy about our work.
Our secrecy obligations mean that in general we don’t release information we have received from a person or agency to the agency or person concerned, other agencies or people, or the media. The exception to this is where we are giving effect to the Privacy Act or complying with obligations under natural justice or other legislation.
Secrecy allows agencies and people to provide information to us confident that it will not be passed on. This means we cannot act as a post box for correspondence between the parties, and we only share information to the extent necessary to investigate a persons concerns.
If we have been notified of a privacy breach that has caused serious harm and it has been published, we will confirm that. We will not break the news of a privacy breach.
We recommend that agencies who’ve had a breach are transparent with media about that.