Factsheets
Privacy laws open to question
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.
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Australia is the only western country without a national human rights act or equivalent.
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- 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
Office of the Privacy Commissioner
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