OAIC Reports Surge in Privacy Complaints and FOI Enquiries in 2025–26 Annual Report

The Office of the Australian Information Commissioner (OAIC) has released its Annual Report for 2025–26, documenting a notable rise in public engagement across privacy matters and information access requests alongside improvements in case processing times.

According to the report, the statutory agency received 5,268 privacy complaints during the 2025–26 financial year, marking a 60% increase compared to 2024–25. The OAIC finalised 3,327 privacy complaints over the period and issued seven formal determinations following investigations. The agency also finalised 1,327 notifications under the Notifiable Data Breaches (NDB) scheme—an 18% increase—with 88% completed within 60 days, surpassing its internal 80% target.

Freedom of Information (FOI) activity also expanded, with the agency handling 2,193 FOI enquiries, up 22% from the previous year. Applications for Information Commissioner (IC) reviews rose by 42% to 3,025, while 2,311 reviews were finalised. The average time required to complete an IC review decreased from 13.5 months in 2024–25 to seven months in 2025–26.

Australian Information Commissioner Elizabeth Tydd stated that the surge in incoming matters reflects the importance the community places on privacy and information access. Tydd noted that case management improvements implemented over the past two years contributed to regulatory outcomes and enabled the agency to shift further toward proactive guidance, investigations, and enforcement.

During the year, Privacy Commissioner Carly Kind issued findings on investigations regarding pixel tracking and the collection of personal information by RentTech platforms. Kind also initiated a privacy compliance desktop sweep focused on sectors characterized by power and information imbalances. Additionally, the OAIC noted a Federal Court decision ordering Australian Clinical Labs to pay $5.8 million in civil penalties following a 2022 data breach, representing the first penalty of its kind in Australia.

On the FOI front, the agency maintained thematic investigations into four agencies regarding their compliance with statutory timeliness requirements under the Freedom of Information Act 1982. A dedicated FOI volume was published alongside the main annual report, introducing an FOI leaderboard designed to benchmark agency practices and compliance.

Looking ahead to 2026–27, the OAIC stated it is preparing for upcoming milestones, including future privacy law reforms, the implementation of the Children’s Online Privacy Code, and further efforts to improve FOI practices across Commonwealth agencies.

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