The Morrison Government has today released the terms of reference and issues paper for a wide-ranging review of the Privacy Act 1988 (the Privacy Act).
The Government committed to a review following the Australian Competition and Consumer Commission’s Digital Platforms Inquiry in 2019. Several recommendations from that Inquiry – which the Government has already agreed to in principle – will be considered as part of the review.
These include expanding the scope of the Privacy Act to cover technical data and other online identifiers; and strengthening privacy notice and consent requirements
The review will be conducted by the Attorney-General’s Department and public submissions can be lodged up until 29 November 2020. A further opportunity to comment will also be available following the release of a discussion paper early next year.
“Australians are spending more and more of their time online and more of their personal information is being collected, handled and stored,” Attorney-General Christian Porter said.
“Technology is also rapidly evolving in areas such as artificial intelligence and data analytics, which is why it is crucial that we have a privacy regime that is fit for purpose, can grow trust, empower consumers and support the growing digital economy.”
A report of the review will be released following government consideration. It is separate to the work already being undertaken to increase the maximum civil penalties under the Privacy Act, and to develop a binding privacy code for social media platforms and other online platforms that trade in personal information.