Alert

The Australian Law Reform Commission (ALRC) has released two Issues Papers for public comment as part of its wide-ranging inquiry into the Privacy Act 1988 (Cth). Public submissions on aspects of the Privacy Act other than credit reporting are due 15 January 2007. Submissions about credit reporting are due 9 March 2007.

On 30 January 2006 the Law Reform Commission was asked by the Federal Attorney-General to review the Privacy Act and related laws. The Commission is to consider the extent to which these laws continue to provide an effective framework for the protection of privacy in Australia.

What does the Privacy Act inquiry mean for you?

The inquiry provides an excellent opportunity for organisations to consider how existing privacy laws affect their operations and to suggest to government how they may be improved.

Organisations should also consider how they could be affected by the potential changes to privacy laws identified in the Law Reform Commission’s Issues Papers.

ALRC Issues Paper 31 - Review of Privacy

ALRC Issues Paper 31 - Review of Privacy focuses on all aspects of the Privacy Act other than Part IIIA (credit reporting). The paper seeks comment on a wide range of privacy issues. It contains a series of questions to which responses are sought, including:

• the adequacy of the obligations under the National Privacy Principles for organisations to disclose privacy-related details to individuals whose information they collect
• what issues or concerns arise from the practice of obtaining bundled consents, including for the purpose of direct marketing (the paper also discusses other issues relating to direct marketing)
• whether the employee records exemption should remain in the Privacy Act; and
• what difficulties result from the interaction of the Privacy Act with other legislation.

View ALRC Issues Paper 31 - Review of Privacy. Submissions are due by 15 January 2007.

ALRC Issues Paper 32 - Review of Privacy - Credit Reporting Provisions

ALRC Issues Paper 32 - Review of Privacy - Credit Reporting Provisions focuses on the credit reporting provisions in Part IIIA of the Privacy Act, the Credit Reporting Code of Conduct and various determinations made under Part IIIA.

The paper seeks comment on issues relating to credit reporting and contains a series of questions, including:

• about the appropriateness of permitting comprehensive (or “positive”) credit reporting in Australia
• whether the credit reporting provisions in the Privacy Act should be amended to take into account changes in credit reporting practices.

View ALRC Issues Paper 32 - Review of Privacy - Credit Reporting Provisions. Submissions are due by 9 March 2007.

An overview of Issues Papers

The Law Reform Commission has prepared an overview of the Issues Papers - Reviewing Australia's Privacy Laws. Is Privacy passé? ... have your say

After it has considered submissions, the Law Reform Commission intends to release a Discussion Paper in mid-2007 setting out proposals for reform.

How we can help

We have considerable experience and expertise in advising on privacy issues. We can assist you in considering the Issues Papers and preparing submissions in response to the papers.