Optus is facing a class-action style claim over the data breach in which personal information on almost 10 million Australians was stolen, with national law firm Maurice Blackburn lodging a representative complaint with the privacy watchdog.

The complaint to the Office of the Australian Information Commissioner (OAIC), which also deals with privacy breaches, is similar to a class action claim in court and allows the commissioner to order compensation en masse to affected people when breaches of privacy law are identified.

Optus is facing a class action-style claim from Maurice Blackburn.Credit:Nikki Short

Australia's privacy regime has 13 principles, including a requirement for organisations such as Optus to "take reasonable steps to protect personal information… from misuse, interference and loss, and from unauthorised access, modification or disclosure."

Maurice Blackburn said in a written statement that the claim would be a test of privacy laws. "The representative complaint alleges Optus failed to protect the personal information of its customers and ensure the destruction of information that it no longer needed," its statement reads.

Macquarie University academic Sean Foley, who left Optus as a customer in 2017, but had his personal details including document numbers taken in the breach is the representative complainant, according to Maurice Blackburn.

Optus was contacted for comment. The telco has consistently defended its cybersecurity practices and emphasised that the nature of the breach is still under investigation by authorities and consultants at Deloitte. It also said it is focussed on helping its customers deal with the breach through steps including a year of free credit monitoring and paying for licence replacements.

Unlike other countries, Australia does not let people sue in court directly for privacy breaches.

Privacy law experts have previously said that group claims against Optus could lead to large payouts, given the huge potential number of people affected.

Another firm, Slater & Gordon, are separately investigating a claim against Optus while the information and privacy commissioner, Angelene Falk, has previously said she is weighing whether to begin her own investigation into Optus.

More to come.

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