Review of the Privacy Act 1988

We are seeking feedback to inform the government response to the Privacy Act Review Report. The deadline for feedback is 31 March 2023.

The Privacy Act Review commenced in 2020 following recommendations by the Australian Competition and Consumer Commission in its 2019 Digital platforms inquiry – final report.

On 16 February 2023, the Attorney-General publicly released the Privacy Act Review Report. The review of the Privacy Act (1988) is completed.

Read the Privacy Act Review Report

We are seeking feedback to inform the government response to the Privacy Act Review Report. The deadline for feedback is 31 March 2023.

The completion of the Privacy Act Review followed amendments to the Privacy Act that commenced on 13 December 2022 to increase maximum penalties under the Privacy Act and provide the Office of the Australian Information Commissioner with enhanced enforcement powers.

Terms of reference

The review covered areas including:

• the scope and application of the Privacy Act
• whether the Privacy Act effectively protects personal information and provides a practical and proportionate framework for promoting good privacy practices
• whether individuals should have direct rights of action to enforce privacy obligations under the Privacy Act
• whether a statutory tort for serious invasions of privacy should be introduced into Australian law
• the impact of the notifiable data breach scheme and its effectiveness in meeting its objectives
• the effectiveness of enforcement powers and mechanisms under the Privacy Act and how they interact with other Commonwealth regulatory frameworks
• the desirability and feasibility of an independent certification scheme to monitor and demonstrate compliance with Australian privacy laws.

See the Review of the Privacy Act 1988 – Terms of reference for further details.

Consultation

The review published an Issues Paper in October 2020 and sought feedback on potential issues relevant to reform.

Read submissions received in response to the Review of the Privacy Act 1988 issues paper

The review published a Discussion Paper in October 2021 and sought feedback on possible options for reform. The period for submissions on the Discussion Paper closed on 10 January 2022.

Read submissions received in response to the Review of the Privacy Act 1988 discussion paper

The review also considered feedback obtained through roundtable discussions convened with stakeholders on specific issues. Attachment A to the Privacy Act Review Report provides further detail on the consultation undertaken.