Key recommendations
Having listened carefully to the views, concerns and feedback expressed during the extensive community consultation exercise, and conducted its own research and deliberations, the ALRC has developed and presents in this Report a large set of policy recommendations for improving privacy protection in Australia. Some of the key recommendations are explained below.The Privacy Act and …
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Read moreRecognising an action for breach of privacy in Australia
74.77 In the Issues Paper, Review of Privacy (IP 31), the ALRC asked whether a cause of action for breach of privacy should be recognised by the courts or the legislature in Australia.[116] 74.78 There was general support for the recognition of a cause of action for breach of privacy in the submissions that addressed …
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Read moreALRC’s view
74.112 In the absence of a statutory cause of action for serious invasion of privacy, the common law in this area will continue to develop through the Australian courts. Whether this evolution results in the recognition of a tort of invasion of privacy, the adoption of the UK’s approach to breach of confidence, a combination …
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Read moreTelecommunications regulators
73.196 Several bodies are involved in the regulation of the telecommunications industry. ACMA is a statutory authority[255] with specific regulatory powers conferred on it by a number of Acts, including the Telecommunications Act, Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth), Spam Act and the Do Not Call Register Act. 73.197 The TIO is …
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Read moreReporting requirements
73.111 Part 2–7 of the Telecommunications (Interception and Access) Act sets out various record-keeping and reporting requirements relating to intercepted telecommunications. For example, ss 80 and 81 of the Act require the chief officer of an agency to keep records of a number of matters, including particulars of each application for a warrant and details …
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Read moreOversight
73.122 A number of bodies have oversight of the interception and access of communications under the Telecommunications (Interception and Access) Act. As noted above, ASIO warrants are issued by the Attorney-General, and agency warrants are issued by a judge or a member of the AAT. The IGIS and the Commonwealth Ombudsman both have oversight roles …
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Read moreSpam Act
73.161 The Spam Act prohibits the sending of commercial electronic messages via email, SMS, multimedia message service or instant messaging without the consent of the receiver. Accordingly, it establishes an opt-in regime that is different from the provisions governing the use of information for direct marketing in the Privacy Act.[191]73.162 The definitions of ‘consent’ in …
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Read moreCommunications and ‘telecommunications data’
73.24 The Telecommunications (Interception and Access) Act regulates ‘communications’, ‘stored communications’ and ‘telecommunications data’. As noted above, it is possible that this information could constitute ‘personal information’ for the purposes of the Privacy Act.73.25 The Telecommunications (Interception and Access) Act defines ‘communications’ as including a conversation and a message, and any part of a conversation …
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Read moreCollection
73.36 The interception of, or access to, personal information by a law enforcement agency under the Telecommunications (Interception and Access) Act complies with IPP 1 where the collection is ‘lawful’ and ‘necessary for one or more of its functions or activities’. This also would be the case of the ‘Collection’ principle under the model UPPs.[54]Stored …
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Read moreUse and disclosure
73.46 The Telecommunications (Interception and Access) Act makes it an offence to record, use or disclose intercepted information, stored communication information, or information about an interception or stored communication warrant, except in certain circumstances.[67] As noted above, the use and disclosure of personal information by an agency pursuant to the Telecommunications (Interception and Access) Act …
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