Maurice Blackburn Lawyers has today welcomed the decision of the Office of the Australian Information Commissioner (OAIC) that it will now proceed with investigating a representative complaint against Medibank.
Maurice Blackburn lodged the complaint against Medibank with the OAIC in December 2022.
Under the Privacy Act 1988 (Cth), the OAIC has the power to order Medibank to pay compensation to affected customers. The complaint alleges Medibank failed in its duties to take steps to protect the privacy of its customers' personal information and sensitive health information from interference, loss, unauthorised access and unauthorised disclosure.
In late March 2023, the OAIC advised the firm it had reached a preliminary view not to investigate the complaint. That decision has now been reversed, with the OAIC confirming it will investigate the firm's representative complaint.
Maurice Blackburn National Head of Class Actions Andrew Watson, who is leading the Medibank class action, welcomed the decision to investigate from the OAIC.
"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," Mr Watson 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. The complaint lodged with the OAIC offers an avenue of redress to those affected by this incident.
"Nothing will ever undo the damage that has been caused by this data breach, but the OAIC agreeing to investigate our complaint to seek compensation from Medibank, including for financial and non-financial loss, is a significant step that we hope will go some way to providing a measure of justice for those impacted," he said.
If you are a current or former Medibank, ahm or international student customer you are eligible to register to receive regular updates about the Maurice Blackburn investigation and any compensation which may be sought on your behalf. F
