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Feedback requested for review of Privacy Act 1988 (Cth)

The Attorney-General’s Department is requesting feedback on a comprehensive and much needed, review of the Privacy Act 1988 (Cth) (Privacy Act).  

The review was announced as part of the government’s response to the Australian Competition and Consumer Commission’s Digital Platforms Inquiry.

The review covers a wide range of areas including:  

  • the scope and application of the Privacy Act
  • whether the Privacy Act effectively protects personal information and provides a practical and proportionate framework for promoting good privacy practices
  • whether individuals should have direct rights of action to enforce privacy obligations under the Privacy Act
  • whether a statutory tort for serious invasions of privacy should be introduced into Australian law
  • the impact of the notifiable data breach scheme and its effectiveness in meeting its objectives
  • the effectiveness of enforcement powers and mechanisms under the Privacy Act and how they interact with other Commonwealth regulatory frameworks
  • the desirability and feasibility of an independent certification scheme to monitor and demonstrate compliance with Australian privacy laws.

The Department have released an issues paper  and terms of reference to assist with the Review.

QLS in consultation with members of our Privacy and Data Law Committee will be providing a submission to the Review.

Members are invited to provide their feedback in response to the 68 questions posed by the issues paper as well as details of their practical experiences in working with the Privacy Act including any suggested proposals for amendment or reform by Tuesday 17 November 2020 to QLS Legal Policy.

The deadline for submissions for the issues paper is 29 November 2020.

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