27 October 2004

Federal Privacy Commissioner, Karen Curtis, is asking organisations and individuals to give their views about the operation of the private sector provisions of the Privacy Act, that came into effect on 21 December 2001.

To assist interested parties in making comments about the provisions, the Commissioner today released an Issues Paper, which provides a framework for assessing the extent to which the private sector provisions meet their objectives.

Individuals and organisations may make a written submission to the Office or they can put their views verbally by attending stakeholder forums to be held around Australia during November and December. The closing date for submissions is 22 December 2004.

The Issues Paper, including information about how to make a submission, and the details of stakeholder consultation meetings are available @ http://www.privacy.gov.au/law/reform/review/

In August 2004, the Attorney-General, the Hon Philip Ruddock MP, asked the Commissioner to conduct a review of the amendments made to the Privacy Act in 2001 which extended its coverage to the private sector. A copy of the terms of reference from the Attorney-General is attached.

The Commissioner is due to report the findings of the review to the Attorney-General by 31 March 2005.

Please contact the Office at privatesectorreview@privacy.gov.au for further information about the Review.

REVIEW OF THE PRIVATE SECTOR PROVISIONS OF THE PRIVACY ACT 1988

I, PHILIP RUDDOCK, Attorney-General of Australia, under section 27(1)(f) of the Privacy Act 1988, request that the Privacy Commissioner review the operation of the private sector provisions contained in the Privacy Amendment (Private Sector) Act 2000 and report on that review not later than 31 March 2005.

In undertaking the review, I ask that the Privacy Commissioner consider the degree to which the private sector provisions meet their objects, being:

1. to establish a single comprehensive national scheme providing, through codes adopted by private sector organisations and National Privacy Principles, for the appropriate collection, holding, use, correction, disclosure and transfer of personal information by those organisations; and
2. to do so in a way that:
   1. meets international concerns and Australia's international obligations relating to privacy;
   2. recognises individuals' interests in protecting their privacy; and
   3. recognises important human rights and social interests that compete with privacy, including the general desirability of a free flow of information (through the media and otherwise) and the right of business to achieve its objectives efficiently.

Recognising that certain aspects of the private sector provisions are currently, or have recently substantively been, the subject of separate review, the Privacy Commissioner exclude review of:

• genetic information;
• employee records;
• children's privacy; and
• electoral roll information, and the related exemption for political acts and practices.