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Review of the Privacy Act 1988 (Cth) – Issues Paper

The submission to the Attorney-General’s Department in response to the Privacy Act Review Issues Paper was prepared by the Law Council of Australia. 

The Law Council notes that the Privacy Act 1988 (Cth) (Privacy Act) has now been in operation for over 30 years and that the Privacy Amendment (Private Sector) Act 2000 (Cth) was introduced some 20 years ago, extending privacy obligations to the private sector to provide a minimum set of privacy protections for individuals. During this time there have been significant changes to the landscape in which these pieces of legislation operate and therefore the Law Council welcomes the current review of the legislative framework.

The Law Council has not sought to respond to each of the 68 questions tendered in the Issues Paper in the time available in which to respond. Instead, the Law Council’s responses are grouped under the headings outlined in the Issues Paper, which are based on key themes or issues. The focus of the responses is on legal issues, noting that this area of law is highly sensitive to the speed of technological and social changes and impact on policy.

Noting that the Issues Paper is the first step in a broader review of the Privacy Act, the Law Council will endeavour to engage with its Constituent Bodies and other key stakeholders with the view to arriving at a settled and unified position on key privacy issues prior to participating in the next stage of the review. The Law Council looks forward to contributing to future components of the Department’s review.

You can read the full submission below. 
 

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