Call On the Government to get Serious about Privacy Today
The government is proposing some modest changes to privacy laws, including:
- Expanded powers for the Information Commissioner.
- New transparency requirements here automation is used in decision-making.
- A new, though limited, statutory tort of privacy.
While Privacy Now welcomes the proposed changes, they represent an extremely modest first step in updating the privacy framework, which has not had significant reform in 40 years.
As the Legal and Constitutional Affairs Committee considers these changes, you can put on the record your support for more fundamental change.
Here are some points you might like to make
The Government’s Privacy Review has laid out a comprehensive plan for bringing Australian law in line with other jurisdictions, with 99 recommendations that have either been agreed to, or agreed to in principle.
While the Attorney-General has been clear that the current legislation is only the first tranche of reform, we seek a clear timeline for the changes we desperately need.
- Bring definitions into the 21st century: the definition of personal information does not cover basic concepts like locational information and inferred information. The definition of consent is too simplistic. They are out of date.
- End tick-a-box consent: we need an obligation on those who collect information to act fairly and reasonably, not giving themselves a pass through lengthy T&Cs that no one reads.
- Remove the small business exemption: currently, 95% of Australian businesses aren’t required to comply with any privacy legislation. This is bad for consumers and small businesses who have to make do with substandard off-the-shelf products.
- Providing enforceability: people need the right to sue in court for breaches and misuse of personal information at scale, which is likely not covered by the statutory tort.
We urge the government to commit to the implementation of these and the other changes it has agreed to within six months of the next election, should it be returned to power.