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• Complaints under the Code

Resources and learning

The Code does not change the complaints process set out in the Privacy Act. We have guidance on responding to requests and complaints well that will also apply to complaints related to the Code.

It’s important to know:

• Individuals can make a complaint if they feel their privacy has been interfered with because of an organisation’s collection, use or disclosure of their biometric information. Read about how to make a complaint.
  
  
• Individuals must make reasonable efforts to resolve their complaint directly with the relevant organisation. If the organisation provides a process for people to raise a concern or complain about their handling of their biometric information, and someone makes reasonable efforts to resolve the complaint with the organisation following that process (and has evidence e.g. correspondence with the agency), this is generally sufficient to show reasonable efforts.
  
  
• A failure to comply with any of the rules in the Code could cause interference with an individual’s privacy. Individuals have the right to complain to OPC about any action that the Code applies to.

OPC'S Enforcement of the Code

OPC will take compliance action in relation to the Code in line with our Compliance and Regulatory Action Framework.

We decide whether and how to act based on several factors including the public interest, the seriousness of the potential breaches, the risk of harm of people and the conduct of the organisation.