A single information Act?
15.99 One option for consideration is whether, given the significant overlap between the FOI Act and the Privacy Act, the two Acts should be consolidated into a single Act. A number of overseas jurisdictions have combined freedom of information and privacy legislation.[115] The ALRC and the ARC considered this option in ALRC 77 but rejected …
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Read moreGovernment contractors
14.98 While information about federal, state and territory privacy regimes is publicly available, Australian Government, and state and territory agency contracts are not. This makes it difficult to detect whether contractual privacy provisions are inconsistent with the Privacy Act.[127]14.99 The OPC has expressed the view that, in many cases, contractual privacy provisions are an appropriate …
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Read moreCompliance burden and cost
14.2 The Terms of Reference for this Inquiry require the ALRC to consider ‘the desirability of minimising the regulatory burden on business’. Business has identified the pervasive nature of privacy requirements as an important contributor to the cumulative regulatory burden it faces.[1] The Australian Chamber of Commerce and Industry has reported that, in response to …
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Read moreMultiple regulators
14.21 Some industries are required to comply with multiple layers of privacy regulation overseen by more than one regulator. This has been identified as an issue in the telecommunications industry[32] and the financial services sector. For example, bank customers with privacy complaints may choose to lodge a complaint with the Banking and Financial Services Ombudsman …
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Read moreSharing information
14.36 Inconsistent, fragmented and multi-layered privacy regulation can contribute to confusion about how to achieve compliance with privacy regulation. This, in turn, can result in reluctance by agencies and organisations to share information.[48]14.37 The OPC submitted that some obstacles to appropriate information sharing between agencies and organisations may arise either from misapplication or a ‘risk-averse’ …
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Read moreThe costs of inconsistency and fragmentation
13.2 Chapter 14 discusses some specific problems caused by inconsistency and fragmentation. These problems include unjustified compliance burden, multiple privacy regulators, impediments to information sharing and issues related to government contractors. 13.3 The ALRC makes a number of recommendations throughout this Report directed at dealing with problems caused by inconsistency and fragmentation in privacy regulation. …
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Read moreIntroduction
12.1 In this chapter, the ALRC discusses a potential consequence of an interference with the privacy of an individual—identity theft. The definition of identity theft, and existing responses to it in Australia and overseas, are discussed. In particular, recent moves to criminalise identity theft in Australia are considered. An overview of the ways in which …
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Read moreGenerally available publications
11.26 Personal information about a substantial number of people is available from public sources such as electoral rolls, court records, state registers of births, deaths and marriages, annual reports and newspapers. This information may be of interest to people for a multitude of reasons. For example, it may be of interest to: people engaged in …
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Read moreIndividuals acting in a personal capacity
11.3 The development of new technologies has increased the ability of individuals to impinge on the privacy rights of others. For example, individuals can monitor the online activities of others through the use of spyware,[3] or disclose the email addresses of others in emails sent to numerous recipients.[4] 11.4 In Issues Paper 31, Review of …
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Read moreOversight powers of the OPC
Research and monitoring10.33 The OPC has two research and monitoring functions that are relevant to the regulation of new and developing technologies. These are to:conduct research and monitoring into data processing and computer technology (including data-matching and data-linkage) to ensure that any adverse effects of such developments on the privacy of individuals are minimised, and …
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