PRIVACY REFORM LAWS INTRODUCED INTO PARLIAMENT

Changes to the Privacy Act that better protect people’s personal information, simplify credit reporting arrangements and give new enforcement powers to the Privacy Commissioner were introduced into the Australian Parliament last week.

Chair of the Joint Select Committee on Cyber-Safety Senator Catryna Bilyk said the changes represent the most significant developments in privacy reform since Labor introduced the Privacy Act in 1988.

“We are increasingly using the online world to communicate with others and to make purchases and consequently sharing our personal information more than ever before.

“Both consumers and governments have a role to play to protect privacy. Through these changes to the Privacy Act the Gillard Government is working to protect the privacy of Australian families.

“These new privacy laws focus on giving power back to consumers over how organisations use their personal information.”

Key changes to benefit consumers through the changes include:

• clearer and tighter regulation of the use of personal information for direct marketing;
• extending privacy protections to unsolicited information;
• making it easier for consumers to access and correct information held about them;
• tightening the rules on sending personal information outside Australia;
• a higher standard of protection to be afforded to ‘sensitive information’ – which includes health related information, DNA and biometric data; and
• enhancing the powers of the Privacy Commissioner to improve the Commissioner’s ability to resolve complaints, conduct investigations and promote privacy compliance.
The Government is also modernising credit reporting arrangements, including:
• making a clear obligation on organisations to substantiate, or show their evidence to justify, disputed credit listings;
• making it easier for individuals to access and correct their credit reporting information;
• prohibiting the collection of credit reporting information about children; and
• simplifying the complaints process by removing requirement to complain to the organisation first – complaints can be made directly to the Privacy Commissioner – and by introducing alternative dispute resolution to more efficiently deal with complaints.

“There have been big changes to the way we access finance since 1990 when the existing credit reporting provisions came into effect,” said Senator Bilyk.

“Many Tasmanian consumers have expressed their frustration to me at not being able to understand their credit rating.

“With these changes consumers will have more power to access and, if necessary, correct their credit reports.”

The Government expects the credit industry will benefit because the reforms provides a more accurate picture of an individual’s credit situation to help them make a robust assessment of credit risk, which is expected to lead to lower credit default rates.

Further information is available from www.ag.gov.au/Privacy/Pages/Privacy-Reforms.aspx
Senator Catryna Bilyk Labor Senator for Tasmania Chair of the Joint Select Committee on Cyber-Safety