Submission to the Discussion Paper on the Review of the Privacy Act 1988

PIAC welcomed the opportunity to lodge submissions to the Australian Government’s Review of the Privacy Act 1988, in response to the Review’s Discussion Paper. In the context of the evolving digital economy, the emergence of new technologies and the increasing amount of time spent by Australians online, collection of personal information is increasing.

The review provides an opportunity to consider whether fundamental concepts within the Privacy Act – particularly in relation to its objects, the definition of personal information and consent – remain fit for purpose in an age of digital transformation. We strongly support the implementation of a direct right of action, to give individuals the option to apply directly and unconditionally to the courts for a breach of privacy claim under the Privacy Act. We also call on the government to introduce a statutory tort for serious invasions of privacy and make recommendations on a proposed model for such a tort.