Privacy Law
On 31 January 2006, the Australian Law Reform Commission (ALRC) received Terms of Reference from the then Australian Attorney-General for an inquiry into the extent to which the Privacy Act 1988 (Cth) and related laws continue to provide an effective framework for the protection of privacy in Australia.
The Terms of Reference required the ALRC to consider:
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relevant existing and proposed Commonwealth, State and Territory practices;
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other recent reviews of the Privacy Act;
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current and emerging international trends in other jurisdictions;
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any relevant constitutional issue;
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the need of individuals for privacy protection in an evolving technological environment;
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the desirability of minimising the regulatory burden on business in this area; and
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any other related matter.
The Privacy Inquiry was prompted by a number of considerations, including:
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the rapid advances in information, communication, storage, surveillance and other relevant technologies;
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possible changing community perceptions of privacy and the extent to which it should be protected by legislation;
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the expansion of state and territory legislative activity in relevant areas; and
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emerging areas that may require privacy protection.
The ALRC's final report, For Your Information: Australian Privacy Law and Practice, was delivered to the Attorney-General on 30 May 2008.
In December 2008, the Law Council attended one of the consultation meetings with non-government stakeholders organised by the Department of the Prime Minister & Cabinet. The purpose of these meetings was to discuss the recommendations contained in the final report.
The Law Council made a number of submissions in relation to the Privacy Inquiry and other related matters and will continue to monitor this issue.
Last Updated on 23/11/2017