Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022
The Law Council was pleased to make a submission to the Senate Legal and Constitutional Affairs Legislation Committee on the Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 (Cth).
The Law Council supports, in principle, many of the proposed amendments outlined in the Privacy Bill. The Law Council notes that, increasingly, individuals are required to provide personal and sensitive data in order to participate in Australia’s digital economy and to access services. It also notes the importance of a privacy framework that primarily incentivises steps being taken to prevent data breaches, instead of reparations being made after a breach has occurred.
However, the Law Council is of the view that several measures in the Privacy Bill require additional justification, clarification, and refinement, and makes several recommendations to this effect.
The Law Council also notes the importance of consistency and compatibility between Australia’s existing privacy legislation and anticipated reforms. It continues to welcome and engage with the holistic review of the Privacy Act, which is being concurrently conducted by the Attorney-General’s Department. The Law Council considers that it will be important to maintain the momentum of this review to avoid uncertainty and unintended consequences created by the fragmented approach to reform, to which the Privacy Bill is contributing.