Guidance on applying the Privacy Act to the political process

41.87 In DP 72, the ALRC proposed that, before the removal of the political exemption comes into effect, the OPC should provide guidance to registered political parties and others to assist them in understanding and fulfilling their obligations under the Privacy Act.[118]

41.88 Stakeholders supported the provision of guidance from the OPC.[119] The OPC agreed that, should the exemptions for political parties and political acts and practices be removed, additional guidance would be required. It noted, however, that this would require appropriate resources.[120] The OVPC suggested that the guidance should be developed jointly by, or in consultation with, state and territory privacy commissioners.[121]

41.89 PIAC suggested that removing the political exemption should not be contingent on the provision of support and advice from the OPC. It commented that postponing the removal of the exemption until such guidance was developed and published might lead to an indefinite delay. PIAC suggested, therefore, that a specific time frame for removing the exemption should be set out in the legislation.[122]

[118]Australian Law Reform Commission, Review of Australian Privacy Law, DP 72 (2007), Proposal 37–3.

[119] Australian Privacy Foundation, Submission PR 553, 2 January 2008; Office of the Privacy Commissioner, Submission PR 499, 20 December 2007; Office of the Victorian Privacy Commissioner, Submission PR 493, 19 December 2007; Cyberspace Law and Policy Centre UNSW, Submission PR 487, 19 December 2007. The Australian Direct Marketing Association did not disagree with the proposal for OPC guidance: Australian Direct Marketing Association, Submission PR 543, 21 December 2007.

[120]Office of the Privacy Commissioner, Submission PR 499, 20 December 2007.

[121]Office of the Victorian Privacy Commissioner, Submission PR 493, 19 December 2007.

[122]Public Interest Advocacy Centre, Submission PR 548, 26 December 2007.