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Law Council of Australia

Business Law Section

Digital Platform Services Inquiry 8, March 2024 report on data brokers, Issues Paper

The Competition and Consumer Law Committee of the Business Law Section of the Law Council of Australia (the Committee) provided a submission to comment on the Australian Competition and Consumer Commission (ACCC) Digital Platform Services Inquiry (DPSI8), March 2024 issues paper on data brokers, dated 10 July 2023 (the Issues Paper).

The Committee note that section 4 of the Ministerial Direction for the Inquiry defines “data broker” as “a supplier who collects personal or other information on persons, and sells this information to, or shares this information with, others.” We understand that the ACCC takes the view that, given this definition refers to “other information on persons”, it is therefore broader than any concept of ‘personal information’ for the purposes of section 6(1) of the Privacy Act 1988 (Cth).

The Committee appreciate that the Issues Paper is seeking factual responses in relation to many of the questions in the Issues paper. The Committee will leave factual responses to industry participants and will instead focus on legal and competition policy issues raised by the Issues Paper.

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