10.1 This chapter sets out how the ALRC has addressed the impact of developing technology on privacy. The recommendations that are made in this chapter are situated within the ALRC’s general approach to privacy regulation, which is discussed in detail in Chapters 4 and 18 of this Report. In summary, the ALRC recommends a hybrid regulatory model that draws heavily on principles-based and compliance-oriented regimes. The ALRC’s view is that a pure principles-based model will not always meet the policy objectives of privacy regulation. The ALRC recommends a combination of the following:
regulations and other legislative instruments; and
guidance issued by the Office of the Privacy Commissioner (OPC).
10.2 The key finding in this chapter is that the model Unified Privacy Principles (UPPs) should be technology neutral. Several mechanisms that will ensure that the privacy regulatory framework remains technology aware are recommended. Several recommendations that relate to the role of the OPC in protecting individual privacy in light of technological developments are made. The importance of proactive mechanisms such as Privacy Impact Assessments (PIAs), research and monitoring, international engagement, guidance and education is also emphasised. Underpinning the recommendations in this chapter is a focus on privacy-enhancing technologies (PETs) and the deployment of technology in a privacy-enhancing way. Finally, the chapter summarises relevant amendments to the primary legislation that are recommended in other chapters of this Report.