The Albanese Government has today introduced landmark legislation to strengthen privacy protections for all Australians and outlaw doxxing.
Strong privacy laws are essential to Australians' trust and confidence in the digital economy and digital services provided by governments and industry.
Australians have a right to have their privacy respected, and when they are asked to hand over their personal data they have a right to expect it will be protected.
The Privacy Act 1988 has not kept pace with changes in the digital world. Recent large-scale data breaches were distressing for millions of Australians, with their most sensitive personal information exposed by criminals.
Following previous data breaches the Albanese Government acted swiftly to significantly increase penalties under the Privacy Act for serious or repeated privacy breaches and give the Office of The Australian Information Commissioner (OAIC) improved and new powers.
The Privacy and Other Legislation Amendment Bill 2024 represents a significant step forward in the Government's commitment to bring the Privacy Act into the digital age.
The Bill implements a first tranche of agreed recommendations from the Privacy Act Review, including:
- a new statutory tort to address serious invasions of privacy;
- development of a Children's Online Privacy Code to better protect children from a range of online harms, supported by an additional $3 million over three years to the OAIC for it to develop this important Code
- greater transparency for individuals regarding automated decisions that affect them
- streamlined information sharing in the case of an emergency or eligible data breach, while ensuring that information is appropriately protected; and
- stronger enforcement powers for the Australian Information Commissioner.
The Bill also introduces new criminal offences to outlaw doxxing, the malicious release of personal data online.
The Bill will impose a maximum penalty of 6 years' imprisonment for the malicious use of personal data, and a more serious penalty of 7 years' imprisonment, where a person or group is targeted because of their race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality or national or ethnic origin.
The measures announced in this Bill build on the significant steps already taken by the Albanese Government on privacy, including:
- significantly increased penalties for repeated or serious privacy breaches;
- greater powers for the Australian Information Commissioner to resolve privacy breaches and quickly share information about data breaches;
- restoration of the standalone position of Australian Privacy Commissioner; and
- an additional $66 million towards the OAIC since coming to government.
The Government is committed to ensuring the Privacy Act works for all Australians and is fit for purpose in the digital age. This legislation is just the first stage of the Government's commitment to provide individuals with greater control over their personal information.
We will continue targeted consultations with industry, small business, the media, consumer groups and other key stakeholders on draft provisions to ensure we strike the right balance between protecting people's personal information and allowing it to be used and shared in ways that benefit individuals, society and the economy.
The Australian people expect greater protections, transparency and control over their personal information and this legislation begins the process of delivering on those expectations.
