Privacy is essential to upholding democracy, reining in corporate power, and building a safe and fair digital future.
The bill has been described as a ‘first tranche’ in the process of reforming the Act. The two central proposals, a statutory tort and the roadmap for a children’s online privacy code, together represent a good first step, but Australia’s privacy legislation remains decades behind other nations. In particular, we note the absence of an updated definition of ‘personal information’, a fair and reasonable test, and the continuing exemptions such as those that currently exist for small businesses. Delay in pursuing these reforms leaves gaping holes in Australia’s legal regime for the protection of personal information.
We are past the time for incremental amendments to the Act.
If the Attorney-General’s office intends on introducing these reforms in ‘tranches’, as is suggested, we expect to see a detailed roadmap and timeline for the introduction of the remaining tranche(s), else we risk the remaining reforms being delayed indefinitely. We concur with many other civil society organisations in calling on the government to implement the remaining reforms within six months of taking office, should they win the next election. We also call on the opposition to make a similar commitment should they win office.
You can read our submission in full below: