Privacy Law Reforms Underway
Wednesday 18 December 2013 @ 3.00 p.m. | Torts, Damages & Civil Liability
The Federal Government's first stage response to the Australian Law Reform Commission's review of Australian privacy laws is progressing with the notification of the Privacy Regulation 2013 (Regulation) this week.
Commencing in March 2014, the Regulation gives effect to the Privacy Amendment Act (Enhancing Privacy Protection) Act 2012 (CTH), which amends the Privacy Act 1988 (Privacy Act). The Regulation provides for a number of key changes to Australia’s privacy laws including:
- The creation of a single set of privacy principles—the Australian Privacy Principles (APPs)— which will replace the two existing sets of Privacy Principals (the Information Privacy Principles and the National Privacy Principles ) and apply to both Commonwealth agencies and private sector organisations.
- The introduction of new credit reporting system with improved privacy protections to regulate the collection, use and disclosure of personal information by credit providers and credit reporting bodies (formerly referred to as “credit reporting agencies”).
- Extending the definition of "credit provider" to include an agency, organisation or small business that is prescribed by the regulations, as well as those that carry on a business that involves providing credit. Meanwhile a “credit providing agency” includes an organisation or prescribed agency that undertakes a credit reporting business.
- Strengthening the functions and powers of the Commissioner including adding the function of publishing guidelines, promotion and education; monitoring security and accuracy, evaluating compliance, and examining proposed enactments for potential privacy impact; and advice-related functions such as advising and reporting to the Minister on matters relating to the Privacy Act, and informing the Minister of the actions a Commonwealth agency needs to take to comply with the Australian Privacy Principles (APPs
The Regulation also makes certain regulations necessary for the implementation of the provisions the amended Privacy Act that are expected to regulate the management of certain kinds of personal information about consumer credit to be used for domestic, family or household purposes.
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