Australia is taking a significant step forward in enhancing the privacy rights of its citizens with the introduction of the Privacy and Other Legislation Amendment Bill 2024. This legislation, championed by Attorney-General Mark Dreyfus, reflects the Albanese Government’s ongoing commitment to bringing privacy laws into the digital age and addressing modern threats like data breaches and online harassment, particularly doxxing.
The new bill, introduced on September 12, is set to reform Australia’s outdated Privacy Act of 1988, which has struggled to keep up with the rapid changes in the digital landscape. In recent years, Australians have become more vulnerable to large-scale data breaches, where sensitive personal information was exposed. These breaches left millions of citizens at risk, with personal details landing in the hands of criminals. Responding to these threats, the government swiftly moved to tighten the regulations around data protection, marking this bill as the first stage in a broader effort to strengthen privacy laws.
One of the central components of the bill is the introduction of a new statutory tort to address serious invasions of privacy. This provision will allow individuals to take legal action if they feel their privacy has been seriously violated. The bill also outlines the development of a Children’s Online Privacy Code, a critical measure to protect children from harmful online practices. The government has allocated $3 million over the next three years to the Office of the Australian Information Commissioner (OAIC) to develop this code.
Another notable change in the law is the enhanced transparency around automated decision-making. With the increasing reliance on algorithms and AI-driven technologies, the bill will give Australians greater visibility into how these systems impact their rights and personal information.
Additionally, the bill facilitates better information sharing during emergencies, such as natural disasters, and in cases of eligible data breaches. This ensures that while sensitive information is being shared to address urgent issues, it remains appropriately protected under the new regulations.
One of the most critical updates in the legislation is the introduction of new criminal offenses to combat doxxing, a growing threat where personal information is maliciously posted online to target individuals. The bill imposes harsh penalties for such behavior, with offenders facing up to six years of imprisonment. If the doxxing incident targets someone based on their race, religion, gender, or other protected characteristics, the penalty increases to seven years.
This bill builds on the Albanese Government’s prior efforts, including increasing penalties for repeated or serious privacy breaches. The bill significantly enhances the powers of the Australian Information Commissioner to enforce privacy laws and ensure swift action against those who fail to comply with the new regulations. These provisions also restore the role of the Australian Privacy Commissioner as a standalone position.
The maximum penalties for serious privacy breaches have been increased to reflect the severity of the issue, signaling the government’s firm stance on holding companies and individuals accountable for violating privacy laws. Companies found to have interfered with the privacy of individuals could face penalties of up to 5% of their annual turnover.
As the first stage of the government’s comprehensive plan to modernize the Privacy Act, the Privacy and Other Legislation Amendment Bill 2024 underscores a commitment to safeguarding Australians’ privacy in the digital age. The government plans to continue consultations with key stakeholders, including industry, small businesses, consumer groups, and the media, to ensure a balanced approach to privacy that benefits individuals and society as a whole.
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