Media Release

Looking for Answers on Government's Privacy U-Turn

April 3, 1997

A coalition of privacy groups, consumer organisations, businesses, trade unions and professional societies, including the Australian Privacy Charter Council, American Express, Ozemail and the Australian Consumers Association, is warning that a privacy disaster is looming for Australia following the Government's shock announcement to abandon privacy legislation for the private sector.

On Friday March 21, John Howard announced that he was abandoning his election promise to introduce the world's best privacy legislation for Australian industry. This was despite widespread industry and community support for the legislation.

A spokesperson for the privacy movement, Chris Connolly (A member of the Australian Privacy Charter Council) said "This announcement is a complete reversal of Government policy. "

"Privacy is a vital right for individuals, especially in the light of recent developments in technology and massive government plans to outsource information processing. Businesses have been fighting hard to reassure consumers that their privacy is still safe, but without federal legislation there is no guarantee. A Price Waterhouse survey of 120 large companies found that two thirds supported the introduction of national privacy legislation. The Government's turnaround is inexplicable."

"One minute the Government were promising world's best practice privacy legislation, in the next minute they have thrown it all away," said Mr. Connolly.

Australia is set to suffer further embarrassment when international companies refuse to trade with Australia because of our lack of privacy protection. Australian companies will be left out in the cold, unable to enjoy the benefits of the booming international trade in information. These international laws have been prompted by the European Union Privacy Directive which comes into force on July 1, 1998.

"The Government had promised Australian business that we would comply before that deadline," said Mr. Connolly. "They had also claimed that the Coalition regarded personal privacy as a 'cherished right in a free society'. Consumers will find this hard to believe when they learn that the Government has abandoned legislation which would have protected them from privacy abuses."

"State governments like NSW and Victoria are now planning to introduce privacy legislation of their own. This inconsistency will be an administrative burden for business, but John Howard's announcement leaves little alternative."

Privacy and business groups are hoping to meet with the Prime Minister later this month to seek an explanation for the back down. Contact: Chris Connolly (a member of the Australian Privacy Charter Council) Tel. (02) 9262 4237 Fax (02) 9262 4151 chrisc@socialchange.net.au

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List of supporting organisations and contacts:

The organisations listed below support in principle federal privacy legislation for the private sector, and would welcome further discussion on extending the Privacy Act to the private sector. The individuals listed below are available for media comment.

Community Groups

Business

Academics/Consultants

Background

"I took the opportunity of today's Premiers Conference to raise the Commonwealth's concerns regarding proposals to implement a privacy regime for the private sector. The Commonwealth opposes such proposals which will further increase compliance costs for all Australian businesses, large and small"

Previous Policy

"A Liberal and National Government will as a priority, and in consultation and development with the States and Territories, ensure the implementation of a privacy law regime in Australia comparable with best international practice. As part of achieving this goal we will work with industry and the states to provide a co-regulatory approach to privacy within the private sector."

The federal discussion paper.

At the launch, Attorney General Darryl Williams said:

"This paper will form the basis of a blueprint for privacy protection into the next century. This is a much needed step and one that has been called for by many Australian companies and consumers…Clearly, a patchwork of different (State) regulatory regimes could considerably impede the effective operations of business. I understand that this has been a concern for members of the business community in recent times."

International privacy laws.

"The recently released European Union Privacy Directive, which regulates transnational data flows, has made it imperative that Australia's privacy legislation is updated before our access to overseas information resources is curtailed".

The European Union's "Directive on the protection of individuals with regard to the processing of personal data and on free movement of such data" (Feb 1995) sets out privacy principles for the public and private sector. It includes minimum requirements which must be met before personal data can be transferred to a country outside the EU. The destination country must ensure an adequate level of privacy protection (Art 25(1)). New Zealand, Taiwan and Hong Kong have developed privacy legislation which includes restrictions on trans border data flows. South Korea, Japan and Canada are all in the process of implementing similar laws.

State privacy laws.

Victoria has prepared a set of recommendations (Data Protection Advisory Council February 1997) which have not yet been released. They are expected to recommend the introduction of privacy legislation in Victoria. The DPAC prepared the recommendations on the assumption that the federal plans to cover the private sector would go ahead. However, like NSW, the Victorian government will push ahead with private sector coverage in the absence of federal legislation.

Queensland has two Committees examining privacy legislation. Tasmania recently released a discussion paper on privacy. Western Australia have established a 'privacy working party'. South Australia, N.T. and A.C.T. may also have to consider privacy legislation in the absence of federal legislation.

Consumers at risk:

Extra burden for business:

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