If Part 2 of Codes Schedule 1 to the Bill is to remain (noting the Government agreed Amend Part 2 of Schedule 1 to the Bill to empower to this proposal in its Response to the Privacy Act Review the Information Commissioner to advise the Report),4 then it should be amended to empower the Information Minister of the necessity for an APP code (or Commission to advise the Minister of the necessity for. [...] the Privacy Act that confines the scope of the extraterritorial application of the Privacy Act, such The existing overreach of subsection 5B(3) of the Privacy Act as to ‘personal information from a source in introduces unnecessary ambiguity and complexity to the proposed Australia’. [...] Item 1 of Schedule 1 to the Bill proposes to amend section 2A (Objects) of the Privacy Act by repealing existing paragraph 2A(a) (‘to promote the protection of privacy of individuals’) and replacing it with the following two paragraphs: (a) to promote the protection of the privacy of individuals with respect to their personal information; and (aa) to recognise the public interest in protecting pri. [...] We query the rationale for this exclusion, given that the intention of the COP Code— as articulated in the Privacy Act Review Report—is to clarify the principles-based requirements of the Privacy Act in more prescriptive terms, and provide guidance on how the best interests of the child should be upheld in the design of online services.39 34 Explanatory Memorandum, Privacy and Other Legislation Am. [...] To address the concerns raised above, and to overcome any uncertainty as to the intention of Item 30 of Schedule 1 of the Bill, the proposed definition of ‘child’ should be limited to the use of that term in the COP Code only.
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Table of Contents
- About the Law Council of Australia 3
- Acknowledgements 4
- Executive summary 5
- Summary of key issues and Law Council recommendations 6
- Introduction and general comments 14
- Schedule 1—Privacy reforms 18
- Part 1—Objects of the Act 18
- Part 2—APP codes 19
- Part 4—Children’s privacy 20
- Exclusion of health service providers 20
- Definition of ‘child’ 21
- Part 5—Security, retention and destruction 22
- Part 6—Overseas data flows 23
- Extraterritoriality 24
- Express references to mechanisms and safeguards 25
- Part 8—Penalties for interference with privacy 25
- Part 15—Automated decisions and privacy policies 28
- Meaning of ‘automated decisions’ 30
- Meaning of ‘substantially and directly related to making a decision’ 32
- Schedule 2—Serious invasions of privacy 33
- Clause 1—Objects of this Schedule 34
- Clause 7—Cause of action 34
- Clause 8—Defences 35
- Clause 9—Interim injunctions 35
- Clause 11—Damages 35
- Clause 15—Exemption for journalists 35
- Recommendation 36
- Schedule 3—Doxxing offences 37
