Feds: Privacy overhaul 'technology neutral'

James Riley
Wednesday, 14 October 2009 13:38

IT Policy - Government Tech Policy

In the most comprehensive set of reforms in a generation, the Rudd Government will overhaul privacy law in Australia, harmonising privacy treatment across Federal and State jurisdictions, and "future proofing" these protections against technology change.

Cabinet Secretary Joe Ludwig outlined a raft of changes to privacy law that aim to create a "technology-neutral" environment to provide protections without crippling technology's ability to delivery better services across governments and the private sector.

As part of Government's first response to Australian Law Reform Commission report on privacy law, Senator Ludwig told an International Association of Privacy Professionals conference in Melbourne that addressing technology change was at the core of the legal reform.

"Because information is pervasive in the 21st Century and the ease of its dissemination is increasing exponentially, a key component of government information policy is to keep pace with, and to create a robust and adaptable framework for privacy protection," Senator Ludwig said.

"The portability and permanence of digital information has forced us to rethink how we secure personal details. Power to aggregate and move personal data within and between the public and private sectors will multiply as we advance to 'web 2.0'."

To simplify the system of privacy law, the Government will provide for one set of streamlined Privacy Principles for Australian Government agencies and private sector organisations which Senator Ludwig said would provide greater clarity and cut red tape.

He highlighted the tension between the requirements of strong privacy protection that did not hamstring the opportunities presented by new generations of technology.

"All of my colleagues are charged either with rolling out or coming to grips with the potential transformation to service delivery that modern technology provides," Senator Ludwig said.

"When designing and implementing policies or practices, the Government needs to ensure that privacy protection does not stop potential improvements to government service delivery in its tracks."

"Instead, Government agencies need to protect individuals' right to privacy while also satisfying citizen demand for simple, efficient and convenient services. Linking up the delivery of Government services is just one way of doing this, using the new tools available to us."

Senator Ludwig said over-zealous privacy protections cannot be allowed to get in the way technology is used to make brought productivity gains and service delivery improvements – in both the public and private sectors.

"In order to ensure that we don’t lose recent efficiency gains to delivering services and improvements to the protection of our society’s safety, the Government will need to ensure that many of its current data sharing practices continue in to the future," he told the conference.

"These issues must already be considered, but they will become even more important when this Government pursues its reforms of Australia’s privacy laws."

Government supported the ALRC's position that the Privacy Act should remain policy neutral and should protect personal information whatever the medium and so have obviously opted for flexibility over obsolescence.

Under the new regime, the role of the Privacy Commissioner was to be enhanced, and would include finding for research, guidance and education on the technologies that can enhance or impact people's privacy.

"As we find newer and faster ways to interconnect, the concern of individuals for the right to privacy and their desire to choose where their information goes, will intensify," Senator Ludwig said.
 
"It is vital, in my view, to ensure we have a Privacy Act capable of facilitating these great opportunities whilst protecting the individual privacy we hold dear."

The Government's first stage response addresses 197 of the ALRC report's 295 recommendations to reform privacy laws.

It will now be preparing exposure draft legislation to implement these reforms, which is anticipated to be released for public consultation early next year.