For Your Information: Australian Privacy Law and Practice (ALRC 108)
On 31 January 2006, the ALRC received Terms of Reference from the Australian Attorney-General for an inquiry into the extent to which the Privacy Act 1988 (Cth) and related laws continue to provide an effective framework for the protection of privacy in Australia.
The Privacy Act is the product of a previous inquiry started by the ALRC in 1976 and culminating in the 1983 Privacy report. The ALRC also examined genetic privacy as part of its internationally acclaimed report Essentially Yours: The Protection of Human genetic Information in Australia.
The latest Privacy Inquiry was prompted by a number of considerations, including:
- the rapid advances in information, communication, storage, surveillance and other relevant technologies;
- possible changing community perceptions of privacy and the extent to which it should be protected by legislation;
- the expansion of state and territory legislative activity in relevant areas; and
- emerging areas that may require privacy protection.
The Terms of Reference required the ALRC to consider specifically:
- relevant existing and proposed Commonwealth, State and Territory practices;
- other recent reviews of the Privacy Act;
- current and emerging international trends in other jurisdictions;
- any relevant constitutional issue;
- the need of individuals for privacy protection in an evolving technological environment;
- the desirability of minimising the regulatory burden on business in this area; and
- any other related matter.
As with all ALRC inquiries, there was a strong focus on community input. The breadth of the subject matter covered in this Inquiry required the ALRC to undertake one of the largest community consultation programs in its history. The ALRC organised:
- about 250 face-to-face meetings with individuals, organisations and agencies;
- major public forums in Melbourne (focusing on consumers and privacy), Sydney (focusing on business and privacy) and Coffs Harbour (focusing on health privacy and research);
six workshops for children and young people (aimed at those aged 13–25); - a series of roundtables with individuals, agencies and organisations on a variety of themes including: credit reporting; telecommunications; the privacy principles; children and young people; and health and research;
a highly publicised ‘National Privacy Phone-In’ on 1–2 June 2006, during which more than 1,300 members of the public contacted the ALRC to share their experiences, ideas and attitudes about privacy protection (see below); and - the establishment of a ‘Talking Privacy’ website, designed specifically to engage young people.
The ALRC also received 585 written submissions from a broad cross-section of individuals, private sector organisations and government agencies. The high level of public engagement with the ALRC Inquiry reflected the extent of public interest and concern about privacy protection. Community and stakeholder concerns assisted the ALRC in the development of its priorities and the ultimate reform agenda.
The ALRC released an Issues Paper, Review of Privacy (IP 31) on 9 October 2006, seeking stakeholder feedback on 142 questions. The ALRC produced a second Issues Paper Review of Privacy—Credit Reporting Provisions (IP 32) in December 2006. The ALRC also produced an overview of both Issues Papers, Reviewing Australia’s Privacy Laws: Is Privacy Passé?, which summarises the questions and discussion in Issues Papers 31 and 32.
On 12 September 2007, the ALRC released Discussion Paper 72, Review of Australian Privacy Law (DP 72), seeking community feedback on 301 proposals for reform of privacy law and related practices. The ALRC also produced an overview of DP 72.
The ALRC’s final report, For Your Information: Australian Privacy Law and Practice (ALRC 108) was delivered to the Australian Attorney-General on 30 May 2008.
Media Releases and speeches related to this Inquiry
The following media releases have been issued about the ALRC Privacy Inquiry. A full list of ALRC media releases and media briefing papers is available in the Media section of this website.
- ALRC media release: Government gives giant ‘tick’ to ALRC privacy recommendations (14 October 2009)
- Cabinet Secretary and Special Minister for State media release: Enhancing National Privacy Protection for the 21st Century (14 October 2009)
- Senator The Hon Joe Ludwig speech to the International Association of Privacy Professionals: Privacy – the way ahead (14 October 2009)
- ALRC media release: Australia must rewrite privacy laws for the Information Age (11 August 2008)
- ALRC media release: ALRC proposes overhaul of ‘complex and costly’ privacy laws (12 September 2007)
- ALRC media release: ALRC proposes a more comprehensive credit reporting regime (12 September 2007)
- ALRC media release: Health information and internet privacy top youth privacy concerns (11 April 2007)
- ALRC media release: Law Reformers ask Sydney to ‘have a say’ on business & privacy (15 March 2007)
- ALRC media release: Timely focus on credit laws: ALRC (12 December 2006)
- ALRC media release: Computers, biometrics and Gen Y: Is privacy passé? (9 October 2006)
- ALRC media release: Telemarketing, information privacy top community concerns (5 June 2006)
- ALRC media release: Telemarketing heads list of privacy concerns (2 June 2006)
- ALRC media release: National phone-in to probe privacy pitfalls (30 May 2006)
- Attorney-General’s media release: Australian Law Reform Commission to review Privacy Act (31 January 2006)
- ALRC Media release: Protecting privacy in a wired world: new ALRC inquiry (31 January 2006)
Media briefing papers
- Simplifying and harmonising privacy law and practice (11 August 2008)
- Technology-neutral privacy principles should govern rapidly developing ICT (11 August 2008)
- New cross-border privacy laws—greater certainty for all Australians (11 August 2008)
- Rationalisation and clarification of exemptions to the Privacy Act (11 August 2008)
- Improved complaint handling and enforcement (11 August 2008)
- Introducing a mandatory data breach notification scheme (11 August 2008)
- Reform of the credit reporting system (11 August 2008)
- Protecting Health Information in the Digital Age (11 August 2008)
- Children, young people and privacy (11 August 2008)
- A statutory clause of action for serious invasions of privacy: getting the balance right (11 August 2008)