Private Law Theory

ABSTRACT
At long last, Australia has a privacy reform Bill before Parliament, but it is a Bill that still omits most of the promised important reforms. In September 2023, three years after the process began to reform Australia’s Privacy Act 1988, the federal government responded to the 116 proposals made in the report by the Attorney-General’s Department and made a vague commitment to substantial privacy reform. Of the 116 proposals, 89 were directed at legislative change. The government response ‘agreed’ to 25 of these (so that legislation could be expected), ‘agreed-in-principle’ to 56 (no definite commitment) and ‘noted’ eight (in effect, rejected).

A year later, the Privacy and Other Legislation Amendment Bill 2024 has received a first reading in Parliament on 12 September 2024, stated to be only the first instalment of Privacy Act reforms. But there is little likelihood of another Bill emerging and being enacted before the election.

The most significant changes in the Bill are;

* There will be a statutory tort (civil wrong) for ‘serious invasions of privacy’, actionable in the courts rather than via the Privacy Commissioner.

* A new ‘anti-doxing’ offence, where harms are caused by ‘menacing or harassing’ publication of personal details that would enable a person to be identified, located or contacted online will result in prison sentences.

* Information about automated decisions is to be included in privacy policies.

* A Children’s Online Privacy Code applying to online services ‘likely to be used by children’, is to be drafted by the Privacy Commissioner.

The article gives a critical summary of these reforms, notes a dozen other useful changes (mainly concerning enforcement), and points out the many significant reforms ‘accepted in principle’ but omitted from this Bill.

The Bill is a meagre offering that warrants an enquiry about when the main course will arrive.

Kemp, Katharine and Greenleaf, Graham, Australia’s long-delayed privacy reform Bill – First instalment only? (September 10, 2024), (2024) 191 Privacy Laws & Business International Report 27-29.