Factsheets

Privacy laws open to question

Jan 02 07:04am

A global privacy study has found there's been no improvement in Australia in the past 12 months of protecting our privacy. Australian law that protects individual privacy is considered by many to be far behind most western nations and well below what is acceptable.

The push for a bill of rights is revving up again, with the Labor party in power seen as a more willing participant in international human rights agreements.

There is still no right to privacy in the federal constitution, though one territory now includes the right to privacy within its bill of rights. The ASIO debacle and subsequent revocation of Dr Haneef's working visa has not helped reassure Australians that their rights are protected.

Australia is the only western country without a national human rights act or equivalent.

Changes that limit Australians' privacy include:

Power of commissioner diminished because determinations are not legally binding
Numerous reports of data breaches, including at the taxation office, child support agency, and even amongst the police
High level of interception activity; no notification requirement to innocent participants to communications
Expanded surveillance powers in 2004
Movement towards electronic medical records but no opt-in protections as yet
De-identified medical data has been approved by the privacy commissioner for sale to pharmaceutical companies, despite protests
Expanded financial surveillance and secret reporting
DNA collection only for serious crimes at the moment

More info
Office of the Privacy Commissioner

Privacy International Report

Human Rights Act for Australia - the movement for a Bill of Rights

3 Comments Report Abuse

1. neeangarra - Jan 02 08:29am

What perturbs is the transfer of personal details overseas (i.e. names date of birth & other personal datas) by financial institutions. There is apparently nothing to protect the person from abuse of this information overseas or otherwise. Australia should wake up to these cheap help desk!

2. skyshaz - Jan 02 09:42pm

Seems nothing is sacred anymore ;/

3. mickregtom - Sep 15 05:02pm

I do not see any reason to bring in a "Bill of Rights" we are still the lucky country. The Govt financially compensates for any mistakes, so whats the problem CivilLib winge about a odour in the air. I say Hooroo to Haneff bye