Can the Office of the Privacy Commissioner make an agency give me my information?

You can ask our Office to review whether an agency has a proper basis for a decision to withhold information from you. If we are satisfied there was no proper basis, we would recommend the agency release the information to you. In most cases organisations comply with our advice.

If an access complaint is not resolved, and the Privacy Commissioner determines the complaint has substance we may issue an access direction to the business or organisation concerned.

This means the Privacy Commissioner would direct the organisation to respond to the request, by (for example) confirming whether it holds personal information about you or to provide you with access to that information.The Privacy Commissioner can also direct an organisation to make the information available in a certain way. The organisation will be able to appeal the access direction within 20 working days and appeals are heard by the Human Rights Review Tribunal

Find out more about Access Directions.  

If the Privacy Commissioner investigates, but doesn't make an access direction, individuals are able to take their complaint to the Human Rights Review Tribunal(external link) to see a review of the agency's decision. The Tribunal may order release of the information if it upholds the complaint.