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Because of the Privacy Act : Comments
By Jonathan Dobinson and Lauren Jamieson, published 17/10/2007The Australian Law Reform Commission has made several proposals to help reduce the complexity of privacy regulation in Australia.
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Genealogists discovered a month or so back that Victoria quietly raised the bar on access to birth certificates from the existing rule of a 75 years embargo to 100 years. A senior officer said it was to ‘protect privacy’ but, when pressed, could not say how privacy was breached under the old rule.
Yet when I wanted to protect my privacy in the face of a video store owner’s demand to see a gas/electricity/rates bill (I’d already shown him my driver’s licence with photo ID) he said privacy laws didn’t apply to him – and he didn’t want someone as uncooperative as me as a customer.
I endorse the proposal that the current system of two sets of privacy principles - one for the public sector, one for the private sector - to be replaced with a unified set of privacy principles to apply to the Commonwealth, States and Territories in both the private and public sectors. Unified principles are not enough - we also need unified laws. And exemptions to MPs and journalists should be removed – they are among the worst offenders.
The current “light-touch” approach of the Privacy Act is not working. Organisations know they can get away with a slap on the wrist even for the most serious breaches of the law. The “light-touch approach is as ineffectual as self-regulation in media and advertising.