The Commonwealth Attorney-General has asked the Australian Law Reform Commission (ALRC) to review Australian privacy laws and to make recommendations about ways in which they could be improved.

The main law that the ALRC is reviewing is the Australian Privacy Act. This was introduced in 1988 and extended to some parts of the private sector in 2001. However, the advent of new technologies (including data matching, facial recognition technologies and improvements in genetic mapping), and how information is gathered, stored and communicated, together with changes in community views and the complex interaction with other privacy laws introduced by state and territory governments, has meant that these laws may not respond appropriately. The review is to consider those issues, and to make recommendations for improvements or changes to the Attorney-General.

As part of the inquiry, the ALRC has sought the views of members of the public, as well as stories and experiences that may help understand where the law is or is not working well. The ALRC must complete the inquiry by 31 March 2008.

The ALRC has issued a useful issues summary, as well as detailed issues papers - ALRC Issues Paper 31, Review of Privacy and Issues Paper 32, Review of Privacy: Credit Reporting Provisions.

A key part of the engagement process is the ALRC’s ‘Talking Privacy’ website, which allows you to contribute to the review online, by identifying an issue, or a suggestion for change or by responding to the questions in the case studies listed there – see http://www.alrc.gov.au/inquiries/current/privacy/talk/yoursay.htm

According to the Commission, some of that feedback has revealed that the privacy of medical information — and whether it should be kept confidential from parents — is one of the key concerns raised by young people. Privacy in cyberspace has been another major issue.

Later this year the ALRC will release a Discussion Paper that will set out preliminary proposals for reform, for public feedback.

We are closely following the review and will provide an update when the discussion paper is released. In the meantime, if you have a particular issue that you feel needs to be considered, or have any questions, please let us know.

Swaab was recently named winner 'Best Law Firm in Australia (Revenue < $20m)' at the 2007 BRW-St George Client Choice Awards.

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