Review of Commonwealth Privacy Act announced

By Randal Dennings.

Key Points:
The interaction of privacy law and business efficiency will be considered by the review.

The Attorney-General, Philip Ruddock, has announced a review of the operation of the provisions of the Privacy Act 1988 which apply to the private sector.

The review, which was foreshadowed when the provisions were enacted, will be conducted by Federal Privacy Commissioner, Karen Curtis. The Commissioner is to report to the Minister by 31 March 2005.

The review will consider the degree to which the private sector provisions meet their object which is to create a single comprehensive national scheme providing for the appropriate collection, holding, use, correction, disclosure and transfer of personal information by private sector organisations. The review will also consider if this object is achieved in a way that:

• meets international concerns and Australia's international obligations relating to privacy;
• recognises individuals' interests in protecting their privacy; and
• recognises important human rights and social interests that compete with privacy, including the general desirability of a free flow of information and the right of business to achieve its objectives efficiently.

Excluded from review are provisions dealing with:

• genetic information;
• employee records;
• children's privacy; and
• electoral roll information, and the related exemption for political acts and practices.

These provisions have been excluded because they are currently, or have been recently, the subject of separate reviews.

Details of how the Privacy Commissioner will conduct the review have also been released. She will release an issues paper in early October 2004. The paper is intended to provide a framework for submissions, which will be due by the end of November 2004. At the same time, her Office will meet with various groups including consumer and privacy advocacy groups, business representatives and members of the private health sector.

A steering group has also been convened by the Commissioner to help her conduct the review; its members are

• Charles Britton, Senior Policy Officer, Information Technology and Communications, Australian Consumers' Association;
• Peter Coroneos, Chief Executive Officer, Internet Industry Association;
• Ian Gilbert, Director of Retail Regulatory Policy, Australian Bankers' Association;
• Graeme Innes, Deputy Discrimination Commissioner, Human Rights and Equal Opportunity Commission;
• John O'Brien, Senior Lecturer in Industrial Relations and Organisational Behaviour, University of New South Wales; and
• Joan Sheedy, Assistant Secretary, Information Law Branch, Attorney General's Department.

For further information, please contact Randal Dennings.