Can I complain straight to the Privacy Commissioner first?

Can I complain to the Privacy Commissioner before trying to resolve my concerns with the agency directly?

No. Before you come to us, you need to try and resolve your concerns with the relevant agency directly. Read about resolving privacy complaints(external link).

You need to explain to an agency what you want from them to be able to resolve the issue. You should include information about the harm you’ve experienced and the resolution you’re seeking so they can respond well.

You should give the agency a chance to respond to your concerns. We generally recommend you wait 30 days for a response and follow up with them before you contact us.

Not making reasonable efforts to resolve your complaint with the agency directly is one of the reasons we may decide not to investigate your complaint.

This approach is in section 74(1)(a) of the Privacy Act.

If you have a specific reason why it is reasonable not to resolve your complaint with the agency directly, we can take this into account.