The Department of Home Affairs has been ordered to compensate asylum seekers over a privacy breach that released the personal information of 9,251 detainees in immigration detention.
In a report, the Information Commissioner determined the Department of Home Affairs interfered with the privacy of detainees in immigration detention by mistakenly releasing their personal information. Australia's privacy regulator found the report contained embedded personal details that could identify all asylum seekers held in mainland detention and on Christmas Island.
Commissioner Angelene Falk said the compensation for economic loss would be paid on a case-by-case basis.
Slater and Gordon senior associate Ebony Birchall says it was the first time in Australian history that compensation has been ordered for a mass privacy breach.
"The decision is a significant public recognition that the Department of Home Affairs breached the fundamental right to privacy of thousands of people, who are in Australia seeking safety. We have to remember that this is a people group who fear for their safety, so their safety is paramount. One man told me that after this event that he could no longer leave his house, and that he was simply afraid to go outside. Another man told me that he feared that this breach would lead to family in their home country being targeted by persecuting authorities, or even potentially their family being killed. That was a legitimate fear of that man."
To hear the full report click on the audio link above.
