Australians can now sue for ‘serious’ breaches of privacy
3 mins reading time
Australians may soon have the ability to sue for ‘serious’ breaches of privacy under proposed reforms which may also mandate small businesses to adhere with privacy laws for the first time.
The recommended change will allow individuals to seek compensation for serious misuse of their personal information or intrusions on seclusion (such as being recorded in situations where they reasonably expect privacy). In doing so, individuals are likely to be required to prove that their right to privacy carries more weight than any opposing public interest.
The Australian Federal Government has agreed in principle to a range of other privacy reforms, including:
- Expanding privacy protections specifically to children and granting adults broader rights to opt out of targeted advertising. Under the proposed government plans, entities will be prohibited from targeting children and trading their personal information.
- Potentially extending the definition of ‘personal information’ to specifically include digital data that could identify individuals, such as cookie identifiers and IP addresses. The government also proposes that data collection should be ‘fair and reasonable’.
- Introducing a limited right to request search engines to remove results from searches of an individual’s name, without affecting public reporting. De-indexing may make content harder to find on the internet, but will not remove it at its source.
Lifting the ‘Small Business’ Exemption
The ‘small business’ exemption under the Privacy Act 1988 (Cth) (Privacy Act) currently applies to businesses with annual turnover of $3M or less. If this exemption is removed, it is thought that approximately 2.3 million small businesses will then be required to comply with the regime.
If the lifting of the small business exemption does occur, the Government has confirmed that a transition period will be provided to ensure those small businesses can get up to speed with compliance requirements, and support packages will be made available.
Key Takeaways
- Australian privacy and data protection laws are undergoing rapid pace change. The trend is for Australians to gain increased protections, transparency and control over their personal information.
- Small businesses may soon need to comply with the Privacy Act regarding personal information collection, handling, use, disclosure, storage, retention and destruction, etc.
- Additional recommendations for even more Privacy Act reforms may be announced in the future.
Contact Us
Macpherson Kelley’s Trade team are experts in privacy and data protection laws. We can assist with drafting, reviewing your business documentation and with staff training. Please contact us for more information.
The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.
more
insights
stay up to date with our news & insights
Australians can now sue for ‘serious’ breaches of privacy
Australians may soon have the ability to sue for ‘serious’ breaches of privacy under proposed reforms which may also mandate small businesses to adhere with privacy laws for the first time.
The recommended change will allow individuals to seek compensation for serious misuse of their personal information or intrusions on seclusion (such as being recorded in situations where they reasonably expect privacy). In doing so, individuals are likely to be required to prove that their right to privacy carries more weight than any opposing public interest.
The Australian Federal Government has agreed in principle to a range of other privacy reforms, including:
- Expanding privacy protections specifically to children and granting adults broader rights to opt out of targeted advertising. Under the proposed government plans, entities will be prohibited from targeting children and trading their personal information.
- Potentially extending the definition of ‘personal information’ to specifically include digital data that could identify individuals, such as cookie identifiers and IP addresses. The government also proposes that data collection should be ‘fair and reasonable’.
- Introducing a limited right to request search engines to remove results from searches of an individual’s name, without affecting public reporting. De-indexing may make content harder to find on the internet, but will not remove it at its source.
Lifting the ‘Small Business’ Exemption
The ‘small business’ exemption under the Privacy Act 1988 (Cth) (Privacy Act) currently applies to businesses with annual turnover of $3M or less. If this exemption is removed, it is thought that approximately 2.3 million small businesses will then be required to comply with the regime.
If the lifting of the small business exemption does occur, the Government has confirmed that a transition period will be provided to ensure those small businesses can get up to speed with compliance requirements, and support packages will be made available.
Key Takeaways
- Australian privacy and data protection laws are undergoing rapid pace change. The trend is for Australians to gain increased protections, transparency and control over their personal information.
- Small businesses may soon need to comply with the Privacy Act regarding personal information collection, handling, use, disclosure, storage, retention and destruction, etc.
- Additional recommendations for even more Privacy Act reforms may be announced in the future.
Contact Us
Macpherson Kelley’s Trade team are experts in privacy and data protection laws. We can assist with drafting, reviewing your business documentation and with staff training. Please contact us for more information.