The BGA Australia team, led by Managing Director Michael “Mick” McNeill, wrote an update to clients on Australia’s Privacy Act Review Report.

Context

  • The Australian government released its long-awaited response to the Attorney General’s Department’s Privacy Act Review Report on September 28. The government aims to introduce legislation in 2024 to protect Australians’ personal information.
  • Reforms to the Privacy Act complement and interact with other reforms the government has initiated, such as the 2023-2030 Cyber Security Strategy (expected for release shortly); the Safe and Responsible AI Framework, Misinformation and Disinformation legislation (expected shortly); Digital ID reforms; the National Strategy for Identity Resilience; the National Data Security Action Plan; online safety codes; and changes to the Consumer Data Right.

Significance

  • The government is committed to fostering digital innovation and uptake and acknowledges that the free flow of information across borders is an increasingly important part of international trade and digital service models; however, its response makes clear that a failure to align Australia’s privacy standards with international standards could adversely impact the global competitiveness of Australian businesses.
  • Submissions from industry and business groups for public consultation on the Privacy Act Review acknowledged the importance of privacy reform and emphasized the need for reforms to strike an appropriate balance between enhancing privacy protections and minimizing impacts on regulated entities. Non-industry stakeholders expect the government to strengthen privacy laws to ensure that the collection, use and disclosure of Australians’ personal information is reasonable, reflects community expectations and is adequately protected from unauthorized access and misuse.

Implications

  • Businesses should note that a timeline for implementation is uncertain and will be conditional on additional work, such as targeted stakeholder consultations and impact analysis. The government is also considering “appropriate transition periods” as part of the development.
  • Some reforms may impact businesses in financial and lending services, insurance and health care services. The Privacy Act will be amended to define the “types of personal information that will be used to substantially automate decisions” affecting individuals’ rights.

We will continue to keep you updated on developments in Australia as they occur. If you have any questions or comments, please contact BGA Australia Managing Director Michael “Mick” McNeill at mmcneill@bowergroupasia.com.

Best regards,

BGA Australia Team

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Managing Director

Mick is a highly-experienced government relations expert and trusted advisor on consensus building, conflict resolution and legislative developments. He has played an integral role in helping parties achieve desired outcomes in areas of national security, health policy, foreign policy and reputational crisis management, as well as media relations, communications campaigns, immigration and human rights. Mick has two decades’ experience working with government as a media analyst, political adviser and NGO advocacy manager. After a stint serving as an adviser to an Australian senator, Mick took on the role of the locally engaged senior political specialist at the U.S. Embassy in ... Read More