Released 6:00am, 28 September 1998
This document is at http://www.privacy.org.au/Media/MR980928.html
Proposed privacy laws in NSW would do little to strengthen people's control over their personal information, the Australian Privacy Foundation stated today following the release of the Privacy and Personal Information Protection Bill 1998 by NSW Attorney-General Jeff Shaw.
"This is a real disappointment. New South Wales has waited six years for decent privacy laws, since ICAC uncovered a massive illegal trade in personal information. The Government's plans will do little to restore public confidence in the protection of people's privacy," said the Privacy Foundation Director, Tim Dixon.
"While any privacy legislation would be a step forward, this legislation is so narrow in scope and so full of exemptions that it won't address any of the major privacy issues."
The Bill plans to implement a set of Information Protection Principles for the public sector, along similar lines to the Commonwealth Privacy Act 1998. However, unlike the Commonwealth legislation it will give complete exemption to police and other law enforcement bodies.
In addition, government departments and agencies will be able to change the rules applying to them by writing their own privacy codes. Unlike in the Commonwealth Privacy Act 1988, there will be no requirement for them to consult with the public or take the public interest into account. An agency's code will not require the approval of the Privacy Commissioner - only the Minister's sign-off.
"The Government made clear statements in 1996 that it would extend privacy legislation to business, and would address privacy issues raised by the Police Royal Commission. It has done neither. It gives people in New South Wales an illusion of privacy protection, but on most of the crucial tests it fails. Government departments will pick and choose how they interpret privacy standards and for some of the worst offenders - corrupt police officers and unethical businesses - they won't need to worry at all."
The Bill also has no application to the private sector, unlike the recent Victorian privacy bill.
"We were promised privacy laws of world class standard. Instead, the Government has delivered a 1970s bill that fits Australia's emerging status as a country with third-world privacy standards."
The Privacy Foundation called on the New South Wales parliament to review the Bill in light of the strong public support for privacy legislation.
Release September 28. For further information, contact:
Tim Dixon, Director, 02-9231 4949 or 0411-114411, TimDixon
Prof. Graham Greenleaf, 02-9569 5310 or 9385-2233, Graham Greenleaf
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Created: 7 October 1998
Last Amended: 20 December 1998
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