18/9/03

"After much reflection over the last few months, I have decided not to seek re-appointment when my term as Commissioner expires in April next year," announced the Federal Privacy Commissioner, Malcolm Crompton.

In a constantly evolving area of law like privacy protection, the regulator has substantial discretion in its implementation and enforcement; certainly more so than in areas where the law is more settled. In these circumstances, the regulator also has the capacity to shape the character of the wider public debate. These points were made very clearly by the former Chairman of the ACCC and Foundation Dean of the Australia and New Zealand School of Government (ANZSOG), Allan Fels, in his speech to the recent 25th International Conference of Data Protection and Privacy Commissioners in Sydney.

"I strongly agree with the view espoused by Allan Fels and consider that the best approach is to bring a fresh perspective to the position regularly," said Mr Crompton.

"Now is the time for a fresh perspective and I encourage a strong field of applicants when the Attorney General advertises the position in the near future.

"In my term as Privacy Commissioner, I believe that the Office has achieved many significant milestones towards our goal of promoting an Australian culture that respects privacy with a clear and balanced voice. In particular, the Office has:

• Worked with the Government on the development of the privacy law to be applied to the private sector
• Worked with a great range of private sector interests, associations and professional bodies to ensure the smoothest and most effective possible implementation of the new private sector privacy law
• Commissioned ground breaking research on Australian community attitudes to privacy
• Sought to engage a wide range of community perspectives and to understand and influence new developments with potential to impact individual privacy, from the arrival of new technologies to appropriate forms of identity management to the impact of counter terrorism measures.
• Run a highly successful International Conference on data protection issues that has been recognised as one of the best privacy conferences ever organised (www.privacyconference2003.org)
• Achieved international recognition of our contribution to advancing privacy issues globally, especially as regards the impact of new technologies
• Continued to resolve complaints in a way acceptable to all parties using alternative dispute resolution techniques to bring about cheaper and better outcomes, while also making the processes more transparent by commencing the publication of Case Notes.

I intend to make a further statement closer to the end of my term, but would like to place on the record immediately my deep gratitude to the staff of the Office who have committed themselves so tirelessly to the task. It has been a great privilege to have had the opportunity to be Privacy Commissioner for the last five years.