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Law Council of Australia


Privacy Act Review: Discussion Paper

The Law Council commends the Attorney-General’s Department on the long-term consultation process regarding the review of the Privacy Act 1988 (Cth) (Privacy Act). The comprehensive Discussion Paper considers the submissions made in the first round of consultation in detail and has continued to refine the proposals to balance the best interests of individuals and organisations in relation to privacy.

The Privacy Act has now been in operation for over 30 years and the Privacy Amendment (Private Sector) Act 2000 (Cth) was introduced some 20 years ago, extending privacy obligations to the private sector to provide a minimum set of privacy protections for individuals. During this time there have been significant changes to the landscape in which these pieces of legislation operate and therefore the Law Council welcomes the current review of the legislative framework.

While the Law Council has not had the opportunity to respond to all of the proposals set out in the Discussion Paper in the time provided, this submission addresses the following key matters set out in the consultation process:

In relation to the final point above, and in the context of other current reforms impacting on Australian privacy law, it is critical that there be a concerted effort to avoid fragmentation in the reform process in order to reduce the likelihood of uncertainty and unintended consequences for those subject to the Australian privacy framework.

You can read the full submission below.


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