The Australian Information Commissioner is calling for changes to be made to Australia’s privacy laws to ensure privacy protections are consistent with the nation’s values.
In a submission to the Government’s review of the Privacy Act 1988, the Office of the Australian Information Commissioner (OAIC) said Australia needs a strong, fair and flexible privacy framework that prevents harm, protects fundamental human rights and builds public trust to support a successful economy.
Australian Information and Privacy Commissioner, Angelene Falk said the Privacy Act was a well-established framework which was principles-based, technologically neutral and flexible.
“However, the external landscape has changed significantly in recent years, and our research shows declining levels of community trust in how organisations handle personal information,” Ms Falk said.
“Australians want more done to protect their privacy in the face of ongoing and emerging threats,” she said.
Ms Falk said addressing those issues through the review was essential for the proper functioning of a data-driven economy.
“The community has a clear interest in organisations and Government using data responsibly to innovate and provide services, but at the same time their personal information needs to be handled reasonably and fairly,” she said.
“Strong data protection and privacy rights are a precondition for consumer confidence and economic growth, and effective and proportionate privacy regulation is essential to achieving these mutual benefits.
She said the OAIC’s submission recommended greater emphasis on the protection of individuals; the introduction of fairness and reasonableness standards for the collection, use and disclosure of personal information; stronger organisational accountabilities for entities; the removal of exemptions for employee records and acts and practices by small business operators and political parties; and the introduction of a statutory tort that could respond to a wide range of serious invasions of privacy.
Ms Falk said the submission also recommended reforms to ensure it could take proportionate regulatory action through broadening the jurisdiction of the courts to hear privacy matters; strengthening compulsive powers of the Commissioner; and allowing the Commissioner to issue infringement notices.
The OAIC’s 150-page submission to the review can be accessed at this PS News link.
