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Privacy Act reforms crack down on data breaches
In the wake of “large-scale” data breaches, reforms to the Privacy Act 1988 have introduced new penalties and criminal offences.
Naomi Neilson
In response to the “distressing” data breaches that have affected millions of Australians, the Albanese government has introduced reforms to the Privacy Act 1988 that will “significantly increase” the penalties for serious or repeated offences.
“With this bill, the Australian government is taking the next step to ensure Australia’s privacy is respected and protected,” he said.
“It implements a first tranche of agreed recommendations of the Privacy Act Review, ahead of consultation on a second tranche.”
Under the reforms, the Office of the Australian Information Commissioner (OAIC) can impose a mid-tier civil penalty for interference with privacy and a low-level penalty provision for specific administrative breaches, with attached infringement powers.
A statutory tort will provide redress for serious invasions of privacy, and the OAIC’s requirement to develop a new Children’s Online Privacy Code will ensure protections for children.
Commenting on the first tranche of reforms, OAIC privacy commissioner Carly Kind said these are “important initiatives that will have benefits for the Australian community”.
“The enhanced civil penalty regime will add significantly to our enforcement toolkit, providing the OAIC with greater discretion and flexibility to apply a risk-based approach to enforcement that is proportionate and also supportive of a growing digital economy,” she said.
Dreyfus said there will also be new criminal offences to outlaw doxxing, the malicious release of personal information.
While it will carry a maximum six-year prison term, another year can be added when a person or group is targeted because of race, religion, sex, sexual orientation, gender identity, intersex status, disability, or nationality.
“The government is committed to ensuring the Privacy Act works for all Australians and is fit for purpose in the digital age,” Dreyfus said.
“This legislation is just the first stage of the government’s commitment to provide individuals with greater control over their personal information.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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