The changes to privacy law include creating a single set
of Australian Privacy Principles, and new provisions on privacy
codes and the credit reporting code
As foreshadowed earlier this month, the
Privacy Amendment (Enhancing Privacy Protection) Bill 2012 was
introduced into Parliament on Wednesday 23 May. The Bill implements
the Government's first stage response to the Australian Law
Reform Commission's 2008 report For Your Information:
Australian Privacy Law and Practice.
As expected, the Bill amends the Privacy Act to:
create a single set of Australian Privacy Principles, which
will apply to both Commonwealth agencies and private sector
organisations (replacing the existing National Privacy Principles
and Information Privacy Principles);
introduce more comprehensive credit reporting with improved
introduce new provisions on privacy codes and the credit
reporting code; and
clarify the functions and powers of the Commissioner and
improve the Commissioner's ability to resolve complaints,
recognise and encourage the use of external dispute resolution
services, conduct investigations and promote privacy
Importantly, the majority of the new provisions have a deferred
commencement of nine months from the day after the Bill receives
Royal Assent, in order to allow organisations and agencies time to
prepare for the introduction of the new provisions.
Structure of the Bill
The substantive elements of the reforms are set out in six
schedules to the Bill, each of which deals with a particular
subject, including definitions:
Schedule 1 – Australian Privacy Principles
Schedule 2 – Credit reporting
Schedule 3 – Privacy codes
Schedule 4 – Other amendments of the Privacy Act
Schedule 5 – Amendment of other Acts
Schedule 6 – Application, transitional and savings
Summaries of proposed changes
We are reviewing the content of the Bill, and will circulate
over the coming weeks summaries of the proposed changes in key
areas such as direct marketing, transborder data flows, privacy
policies, privacy collection statements, the credit reporting
requirements and the powers of the Commissioner.
Clayton Utz communications are intended to provide
commentary and general information. They should not be relied upon
as legal advice. Formal legal advice should be sought in particular
transactions or on matters of interest arising from this bulletin.
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