Submission to the Australian Law Reform Commission's Review of Privacy - Issues Paper 318 March 2007 The Australian Law Reform Commission's (ALRC) Review of Privacy presents a once in a generation opportunity to influence the shape of privacy law in Australia. The following submission is the Office's comprehensive contribution to this important discussion. This review is a response to a key recommendation made by the Office in its Review of the Private Sector Provisions of the Privacy Act 1988 released in March 2005. The Office has responded to the 142 questions posed by the ALRC in Issues Paper 31 and has put forward over 250 suggestions for the ALRC's consideration. While this is a significant number, it should be noted that for almost 20 years the Privacy Act has generally served Australia well. But in a time of rapidly changing technology and community expectations an assessment of the effectiveness of privacy laws is necessary to ensure they continue to meet the diverse needs of the Australian community. A central theme of this submission is the need for national consistency in privacy legislation. Increased regulatory consistency will reduce the compliance difficulties for agencies and organisations and empower individuals to understand and exercise their privacy rights with less confusion. One way the Office believes regulatory complexity can be reduced is through the creation of a single set of privacy principles in the Privacy Act. These principles would replace the two separate sets of principles that currently regulate Australian and ACT Government agencies and the private sector. A single set of principles could also serve as a model for uniform privacy legislation, which could be implemented across Australian jurisdictions. Another important element explored in the Office's submission is the development of a tort of privacy. The Office believes that this would send a message that privacy is an important right that warrants specific recognition and protection within the Australian community and the Office supports further examination of this issue. Ideally there should be minimal exemptions from the Privacy Act. Where exemptions do exist, the Office believes that a clear public interest should also exist to support their continuation. The Office has also taken the view that in addition to its role in resolving individual complaints there should be improved provisions for dealing with systemic privacy issues. This would better equip the Office to address the causes of interferences with privacy, not only the effects. It is hoped that greater national consistency, along with the other positions detailed in the submission, will provide impetus to the Review discussion and lead to an enhanced privacy framework that continues to safeguard the privacy of the next generation of Australians. Media Releases
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