Submission into the Electronic Transaction Act Consultation in Australia Economic Abuse Reference Group Economic abuse and electronic transactions

In recent years, banks have implemented systems and processes to identify warning signs of financial abuse and support victim survivors, including through industry guidelines such as the Australian Banking Association’s Financial abuse and family and domestic violence guidelines, and other industries are following. [...] They were unable to provide her with any more information due to the ongoing nature of the investigation, and Kelly was left confused and unsure of how much of her information was secure, and what steps she should take to protect herself in the future. [...] 7 For example, in Victoria are regulated by the Electronic Transactions Act 2000 (Vic) and the Oaths and Affirmations Act 2018 (Vic) and in NSW electronic transactions are regulated by the Electronic Transactions Act 2000 (NSW) and the Oaths Act 1900 (NSW). [...] The EU General Data Protection Regulation (GDPR) and other jurisdictions subsequent to the GDPR’s implementation have an ‘opt-in’ approach to transmission, use and retention of data and information, placing affirmative action in the hands of the consumer. [...] 5 presented in plain language will assist consumers in understanding electronic transactions and ensuring consent is properly understood for them to opt in.9 Given the prevalence of electronic transactions being used to facilitate financial abuse, there needs to be adequate safeguards focussed on accountability and accessibility to ensure that people understand the financial and legal consequences.