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The Office of the Australian Information Commissioner (OAIC) has overturned its previous decision and will conduct an investigation into a representative complaint against Medibank (MPL) over its October data breach.
Maurice Blackburn Lawyers welcomed the OAIC’s decision on Friday, having launched the complaint against Medibank with the OAIC in December last year.
The class action, led by Maurice Blackburn’s National Head of Class Actions, Andrew Watson, said the decision was a “significant step” he hoped would provide justice for the Australians impacted.
“It was always our view that the OAIC should investigate this breach and whether victims of the Medibank data breach should be eligible for compensation,” he said.
“We were deeply disappointed when the OAIC advised in March that this wouldn’t be the case, and we are pleased to see today that the OAIC will now investigate our representative complaint lodged on behalf of Medibank customers.
“It is well known that the disclosure of this information has caused millions of Australians significant distress, and the complaint lodged with the OAIC offers an avenue of redress to those affected by this incident.”
Maurice Blackburn alleged that under the Privacy Act 1988, the OAIC held the right to order Medibank to compensate the affected customers involved in the class action.
The class action against Medibank suggests it failed in its duties to protect the privacy of its customers’ personal information and sensitive health information from interference, loss, unauthorised access and unauthorised disclosure.
The OAIC’s investigation will assess whether Medibank took reasonable steps to implement practices, procedures and systems to ensure compliance with the Australian Privacy Principles.
