Greenleaf, Graham --- "Reporting privacy complaints Pt 2: complaint reporting practices of,Asia-Pacific Privacy Commissioners" [2002] PrivLawPRpr 37; (2002) 9(4) Privacy Law and Policy Reporter 74

[1] See <www.hklii.org/hk/legis/ ord/pdo275/s50.html>.

[2] Section 64(7) at <www.hklii.org/hk/legis/ord/pdo275/s64.html>.

[3] See <www.pco.org.hk/english/casenotes/case_complaint.php>.

[4] See <www.pco.org.hk/english/casenotes/case_enquiry.php>.

[5] See <www.hklii.org/hk/legis/ord/pdo275/s48.html>.

[6] Section 48(3).

[7] Section 48(4)(b).

[8] See Berthold M, Wacks R Data Privacy Law in Hong Kong FT Law and Tax Asia Pacific 1997 p 205 for more discussion.

[9] Hong Kong Legal Information Institute <www.hklii.org>.

[10] Personal communication.

[11] See <www.privacy.org.nz/people/casenote.html>.

[12] In particular, it will list individual complaints in its search results, but cannot display them (17 July 2002).

[13] Published by the Commissioner, March 2002.

[14] 1995, revised 2002; available on request from the NZ Commissioner.

[15] Guide, number 20.

[16] Annual Report 2000-1 Table 8.

[17] NZ Privacy Commissioner Complaints Review Tribunal Privacy Cases 1998-2002 (Vol III), NZ$45.

[18] Those with even deeper pockets can find some of the decisions in Paul Roth’s Privacy Law and Practice looseleaf service Butterworths, NZ.

[19] A de novo hearing before a court is necessary in order to enforce a determination (s 55A), but the determination is prima facie evidence of the facts on which it is based (s 55B).

[20] Federal Privacy Handbook, looseleaf service CCH Australia Ltd.

[21] Determination: Secretary, Department of Defence 1 PLPR 152 available at <www.austlii.edu.au/au/journals/PLPR/1994/116.html>; Determination: Minister for Administrative Services 1 PLPR 170 available at <www.austlii.edu.au/au/journals/PLPR/1994/127.html>.

[22] Above note 1.

[23] See <www.privacy.gov.au/publications/01annrep.pdf>.

[24] See <www.privacy.gov.au/>.

[25] A minor exception is that PDF versions of the (pre-1999) Annual Reports are located obscurely, hidden ,in fact, on the site. They are ‘hidden’ in the sense that they are not listed in the table of contents or even the site map ,at <www.privacy.gov.au/site-map/index.html> but can be found if you search for them (17 July 2002). The contents are not searchable, only the title ‘Annual Report’. This is not effective as publication.

[26] Personal communication.

[27] Letter by Federal Privacy Commissioner to the Australian Chamber of Commerce and Industry (ACCI) August 2001.

[28] Consumer advocates are adamant that some of their clients have very reluctantly accepted proposed settlements on the basis that the Commissioner was proposing to deal with their complaint under this section, and they feared that if they insisted on a s 52 determination they would receive even less: personal communications.

[29] Above note 5, concerning how the lack of appeal rights is biased against complainants.

[30] Section 41(1)(a).

[31] Section 41(1)(d).

[32] Matter D17 of 2000, Federal Court, Darwin. No judgment was delivered, and the transcript is only available to the parties.

[33] Gao v Federal Privacy Commissioner [2002] FCAFC 128; BC200202380; Mario Riediger v Privacy Commissioner [1998] FCA 1742 ,(23 September 1998).

[34] Above note 27.

[35] See <www.privacy.gov.au/publications/is13_01.html>.

[36] This is one small example of how the Regulations are systematically biased against complainants and against the public interest in accountability,

[37] Personal communication, Office of the NSW Privacy Commissioner.

[38] See <www.austlii.edu.au/au/legis/nsw/consol_act/papipa1998464/>.

[39] See <www.lawlink.nsw.gov.au/pc.nsf/pages/index>.

[40] See <www.lawlink.nsw.gov.au/pc.nsf/pages/cases>.

[41] Investigation Report into a complaint by Carol Atkins against ,Mr Hugh Percy and Queanbeyan ,City Council Special Report No 1, September 2001 available at <www.agd.nsw.gov.au/pc.nsf/pages/queanbeyan2>; Special Report to NSW Parliament under section 65 of the Privacy & Personal Information Protection Act 1998, Complaint by Student A and his father against Hon John Aquilina MP, Mr Walt Secord, ,Mr Patrick Low Special Report No 2, ,7 May 2002 available at <www.agd.nsw.gov.au/pc.nsf/pages/reported>.

[42] Student A v Aquilina, Secord, and Low, Special Report No 2, 7 May 2002 available at <www.agd.nsw.gov.au/pc.nsf/pages/reported>.

[43] Personal communication, Office of the NSW Privacy Commissioner.

[44] See <www.privacy.vic.gov.au/>.

[45] See <www.slq.qld.gov.au/infocomm/>; also decisions 1993- on AustLII at <www.austlii.edu.au/au/cases/qld/QICmr/>.

[46] See <www.slq.qld.gov.au/infocomm/listdec.html>.

[47] See <www.slq.qld.gov.au/infocomm/reviews.html>.

[48] See <www.foi.wa.gov.au/>.

[49] See <www.foi.wa.gov.au/Decisions.htm> and on AustLII at <www.austlii.edu.au/au/cases/wa/WAICmr/>.