The Albanese Government achieved a historic milestone in privacy protection with the passage of the Privacy and Other Legislation Amendment Bill 2024. This groundbreaking legislation strengthens privacy safeguards for Australians and introduces severe penalties for doxxing, reflecting the government’s commitment to protecting personal information in an increasingly digital world.
The legislation updates Australia’s Privacy Act of 1988, aligning it with evolving digital realities and addressing new threats such as large-scale data breaches and online harassment. Attorney-General Mark Dreyfus has championed the reforms, stating that Australians have a right to expect robust protections for their personal information in today’s interconnected environment.
The bill includes a range of measures to enhance privacy protections:
- Statutory Tort for Serious Invasions of Privacy: Australians now have legal recourse for significant violations of their privacy. This provision empowers individuals to seek redress for invasions that deeply affect their lives.
- Children’s Online Privacy Code: Aimed at shielding children from online harms, this code will regulate how platforms handle data involving minors. The government has allocated $3 million over three years to the Office of the Australian Information Commissioner to develop and implement this critical initiative.
- Transparency in Automated Decisions: The legislation mandates greater clarity for individuals impacted by algorithmic decision-making, ensuring Australians understand how AI-driven systems use their personal data.
- Emergency Data Sharing: Provisions in the bill allow streamlined and secure sharing of information during emergencies, such as natural disasters or large-scale cyber incidents, while maintaining stringent safeguards.
- Stronger Enforcement Powers: The Australian Information Commissioner gains enhanced authority to investigate and resolve privacy breaches swiftly, including imposing significant penalties for non-compliance.
A landmark feature of the bill is its explicit criminalization of doxxing. This malicious practice of publishing someone’s personal information online to harm or harass them carries penalties of up to seven years imprisonment. The law particularly targets cases involving domestic violence and attacks based on race, religion, gender, or other protected characteristics.
The bill builds on earlier efforts by the Albanese Government to reinforce privacy protections, including heightened penalties for serious breaches and restoring the Australian Privacy Commissioner as a standalone role. Companies found guilty of violating privacy laws face fines of up to 5% of their annual turnover, signaling the government’s zero-tolerance approach to non-compliance.
The new law also positions Australia to resume discussions with the European Commission on recognizing the nation’s privacy framework as equivalent to the EU’s General Data Protection Regulation. This recognition would facilitate smoother cross-border data transfers, benefiting Australian businesses and consumers.
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