What is an adverse consequence or harm?
To make a complaint under the Privacy Act, there are three kinds of harm which can be considered when deciding whether someone’s privacy has been interfered with:
- Specific damage – this could be financial loss, but could also include other forms of damage, such as loss of employment or physical injury;
- Loss of benefit – this is where the agency’s actions have adversely affected, or may adversely affect, the rights, benefits, privileges, obligations or interests of the individual; and
- Emotional harm – where the action has resulted in, or may result in, significant humiliation, significant loss of dignity or significant injury to the individual’s feelings. Mere embarrassment or annoyance is not enough – any emotional harm needs to be ‘significant’.
(Updated November 2020)