Australian Privacy Act Under Review
By Cameron Abbott, Rob Pulham and Keely O’Dowd
In December 2019, the Australian Government announced it would conduct a review of the Privacy Act 1988 (Cth).
A year has almost passed and finally the Australian Government has publicly released details about the review. On 30 October 2020, the Australian Government released the Terms of Reference of the review. In particular, the review will cover:
- 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.