October 30th 2020
The Attorney General has released an Issues Paper in relation to a review of the Australian Privacy Act. The Government is accepting submissions in response to the Issues Paper until 29th November 2020, there are 68 questions for consideration listed in the paper. This issues paper is the first of two papers seeking public input. This paper outlines the current law and seeks feedback on potential issues relevant to reform. A discussion paper will be released in early 2021, seeking more specific feedback on preliminary outcomes, including any possible options
for reform.
The review covers areas including:
- the scope and application of the Privacy Act
- whether the Privacy Act effectively protects personal information and provides a practical and proportionate framework for promoting good privacy practices
- whether individuals should have direct rights of action to enforce privacy obligations under the Privacy Act
- whether a statutory tort for serious invasions of privacy should be introduced into Australian law
- the impact of the notifiable data breach scheme and its effectiveness in meeting its objectives
- the effectiveness of enforcement powers and mechanisms under the Privacy Act and how they interact with other Commonwealth regulatory frameworks
- the desirability and feasibility of an independent certification scheme to monitor and demonstrate compliance with Australian privacy laws.
The Office of the Australian Information Commissioner noted that their data protection experience indicates there are four key elements to support effective privacy regulation over the next decade:
- Global interoperability ― making sure our laws continue to connect around the world, so our data is protected wherever it flows
- Enabling privacy self-management ―so individuals can exercise meaningful choice and control
- Organisational accountability ― ensuring there are sufficient obligations built into the system, and
- A contemporary approach to regulation ― having the right tools to regulate in line with community expectations.
IAB Australia will look to respond to the Issues Paper and will be liaising with the IAB board, Executive Technology and Data Councils on this issue but if other IAB member organisations would like to discuss or provide a viewpoint to the IAB Executive please contact our CEO Gai Le Roy.
Members will be provided with regular updates on the Privacy Act Review.