Senate demands OAIC hand over details of AMEX investigation

However, the Senate has now demanded that the OAIC share its full findings, after Greens Senator David Shoebridge moved a motion in the Senate.

The privacy watchdog said it didn’t share the full report to protect its investigative process, as well as potential harm to individuals and cyber security risks for AMEX.

However, following the Senate motion, which passed with a 33-21 vote, OAIC has until 28 July to publish the full report and any related correspondence and documentation.

Shoebridge’s motion requires:

• “The full text of the determination and the Australian Privacy Commissioner’s reasons;
• “All correspondence between the OAIC and the complainant, or the complainant’s representatives, concerning confidentiality, publication or any restriction on disclosure;
• “Any direction, requirement, request, deed, undertaking or agreement that restricts, or purports to restrict, the complainant from disclosing information about the complaint, the investigation, the determination or the outcome;
• “All records of the OAIC’s decision regarding publication of the determination, including the determination regarding publication referred to in its public statements and the reasons for that decision;
• “All correspondence between the OAIC and American Express Australia Limited, or its representatives, concerning confidentiality, publication, or any restriction on disclosure;
• “Any file notes, minutes, briefings or legal advice held by the OAIC concerning the handling of confidentiality claims and the decision on publication or decisions on any restriction on disclosure, including the details of attendees at each meeting relating to those matters.”

The OAIC is yet to respond to the motion. Following its investigation, it ordered AMEX to pay the complainant for losses and issue a written apology, on top of the amendments mentioned above.