The Problems with the 2016 Census

NEW: Board member Katina Michael on 'The Data Key Hole: Privacy, Security and Civil Liberties ';
NEW: Past APF Chair Anna Johnston's 'Why I'm taking leave of my Census';
NEW: APF's first and second letter to PM;
Thoughtworks open letter;
Privacy and the 2016 Census by former statistician Bill McLennan
See also IA version with external links; and the Thoughtworks open letter.

APF's view: The Census collects data that can be helpful for planning and research, but it needs to be worthy of our trust: it is an acquisition, under threat of legal compulsion, of what is often very sensitive personal information.

Most people have assumed until now, with good reason, that the Census was an anonymous snapshot, and therefore safe enough to trust.

However the Australian Bureau of Statistics (ABS) quietly announced in December 2015 that, from this coming Census on 9 August 2016, everyone's name and address information will be kept, indefinitely. (In early April 2016, after adverse attention, ABS announced it had changed its mind, and now said it will be kept for 'up to four years'; when name is deleted, it will be replaced by a Statistical Linkage Key or SLK which will permit connection with other data sets about you, and future census data, which will apparently generate the same SLK.)

Previously, names and addresses given were not kept after the Census processing was complete, and were not retained as part of or linked to the Census data, so it was effectively anonymous.

The exceptions were:

The ABS says your name and address will now be kept to improve data quality and the ABS' efficiency. But it's clear from other ABS statements that your census data may also increasingly be linked to data about you from other censuses and surveys, and from other government data systems.

For example, "whilst the Census has always been valuable in its own right, when used in combination with other data the Census can provide even greater insight".

ABS's site also says:

The Privacy and Other Risks

Australian Privacy Foundation (APF) believes that while there is value in a trusted and accurate Census, keeping all names and addresses changes its nature, and this creates an unnecessary risk to the privacy of everyone in Australia.

The risks include:

If such risks come to pass, a wide range of further consequences could potentially effect you, your family or community. There are no viable legal remedies at present, and no evidence those future implications were properly considered before the change was put in place.

These risks are unacceptable, and exposure to them is unnecessary to meet the core objectives of the Census, which has been conducted on an anonymous basis, as it is in other countries like the US, for a century.

The level of public concern about these issues is considerable, and that puts the Census itself at risk because of the ABS's breach of people's trust.

Summary of the Changes

  1. Every person's identity will remain able to be linked to the data collectedin the census for a period of years (initially 'indefinite', changed in April 2016 to 'up to four years'; potentially changeable to some other period)

  2. The data about each person, from all available Census and ABS surveys, will be linked

  3. Additional data from other external non-Census sources may be added to each person's record or associated by further linking

  4. De-identified data records, as well as aggregate statistical data, will be made available to researchers. Depending on the detail, increasing risk of it being re-identified by someone in future with better techniques and sources.

The Inadequate Privacy Impact Assessment (PIA)

A Privacy Impact Assessment is the key process which should help experts and interested parties contribute knowledge and perspective to understanding and minimizing the unwelcome privacy impacts of a plan. ABS conducted a PIA in late 2015, but it was quite inadequate. The problems were:

What Needs to Change to Fix the Problem

  1. ABS should abandon the keeping of Name and Address for the Census 2016, and conduct it as most Australians would be expecting, as was done before.

  2. If ABS still wants to consider such long term Name and Address retention (which we think is not appropriate or necessary) it should, well beforehand, conduct a proper, robust, independent, and well-publicised Privacy Impact Assessment, with wide engagement with the various parts of the Australian community and full independent analysis of the implications and potential risk minimisation issues.

  3. Parliament should remove the criminal offence provisions and the draconian penalties for non-compliance. (They may have been reasonable when the Census was a safe, anonymous snapshot. But it isn't any more.)

  4. Parliament should in any case urgently pass the long-overdue data breach notification law and privacy tort law, so that if ever this proposal is raised again, there will at last be legal protections requiring affected Australians to be told if and when their data is breached (so they can take mitigating action), and enabling them to enforce their own rights in court in the event of a serious intrusion of privacy.

    See APF's first and second letters to PM Turnbull, 2 and 4 August 2016.

How to Complain

You can talk about this among your friends, family and wider circle, and encourage everyone interested to make a complaint, with the requested fixes above, to the following:

1. The ABS itself

The ABS has a web-page for 'Compliments and Complaints'.

It offers no email-address, but only the main phone-number (1300 135 070) – Mon-Fri 9-5 East Coast Time.

It says that it offers a web-form, but in early April 2016 the link was broken.

If you make no progress with that, you can move on to:

Complaints Review Officer
Strategic Liaison and Risk Management Section
Australian Bureau of Statistics
Locked Bag 10
Belconnen ACT 2616

But there's no email-address or phone-number.

After that you can complain to The Ombudsman.

2. Your local Federal Member of Parliament and the Senators for your state

Here's how you can find your local MP and your Senators.

You may also want to contact the relevant Minister [as of early 2016]:

and/or the relevant Shadow Minister:

3. Twitter, Facebook and traditional media

You can find discussions of this issue, and what you can do about it, and you can add your voice and these suggestions.

Census 2006: Deja vu all over again?

The APF and others with similar concerns campaigned against essentially the same proposal in 2005-06. We won that round, with 95% of Australians protected from Name and Address retention. Here are the details of the 2005-06 campaign.

And here are Public Information Statements:

The ABS has kept APF and other people and organisations at arm's length since 2006, and is trying to ignore the public's concerns. So now it's time for the public to take action.

Media Releases etc.