18th International Privacy and Data Protection Conference

Legislating into the Private Sector - Privacy Solutions and Other Options

September 19, 1996

Kevin O'Connor
Privacy Commissioner of Australia

The Australian Privacy Act covers agencies of the Federal and Australian Capital Territory governments; there are no legally binding privacy protections in place with regard to the other seven State and Territory governments; and nor is the private sector covered, other than consumer credit reporting activities.

In recent years, all major political parties in the Federal Parliament have expressed support for an extension of privacy laws to tbe private sector generally. The change of Federal government in March this year brought a renewal of the comnitment given by the previous government to improving and extending coverage. In a speech in June, the new Attorney-General emphasied the Government's intention to "as a priority, work vith industry and the States to provide a co-regulatory approach to privacy within the private sector in Australia, comparable with best international practice." The Government's process of consultation is expected to begin soon, with the release of a discussion paper.

Among the State governments, the New South Wales Government is expected to introduce into Parliament a data protection and privacy Bill before the end of this year. Reportedly, the Bill will provide for regulation of the private sector including giving a NSW Privacy Commissioner power to develop legally binding codes of conduct or practice in conjunction with specific industries. The Victorian Government also has announced its intention to introduce privacy legislation. A Data Protection Advisory Council has been appointed, including a number of established privacy experts, to report by the end of the year on models for public and private sector privacy.

The other governments have not made such strong commitments to introduce legislation, although a number are looking at the possibility. However, the pressure on them to take action is likely to be compounded as progress is made by their counterparts and community expectations are raised. The governments that have already sought advice from the Federal Privacy Commissioner's office have been encouraged to adopt an approach broadly consistent with the principles embodied in the Federal Privacy Act.

Many in the private sector recognise the desirability of creating a climate of trust in new forms of information technology by affording reasonable personal information safeguards. Surveys this year have shown that businesses are recognising the importance of privacy to their customers. In a recent survey of 12O of Australia's biggest companies, two thirds of the respondents favoured the introduction of a national privacy law that regulates the private sector or oversees industry-specific privacy codes.

Surveys of community attitudes to privacy have consistently shown that most Australians view the confidentiality of personal information held by government and business organisations as one of the most important social issues of our day. The overwhelming majority want adequate privacy safeguards to be provided by government through laws which cover both the public and private sectors.

While the final form of a new privacy regime is yet to be determined, I favour the extension of the Federal Privacy Act to the privatc sector so that nationally consistent standards are put in place. The legislation would contain broad principles with which both government and private agencies could comply, but it would be possible to create codes of conduct for specific industries or activities if necessary The New Zealand Privacy Act operate in this way and provides an obvious model for Australian law.