Promoting and Enforcing Privacy Principles: An Analysis of the Alrc Proposals for the Role of the Privacy Commissioner

23 Pages Posted: 24 Apr 2009

See all articles by Graham Greenleaf

Graham Greenleaf

University of New South Wales, Faculty of Law

Nigel Waters

University of New South Wales (UNSW) - Faculty of Law

Lee A. Bygrave

University of Oslo

Date Written: April 28, 2008

Abstract

This submission responds to Part F of the ALRC’s 'Discussion Paper 72 - Review of Australian Privacy Law', September 2007 which deals with the Office of the Privacy Commissioner and the promotion and enforcement of the Privacy Act 1988.

This submission argues that proposed improvements to Australian privacy principles will not be effective without major changes to Australia’s chronic under-enforcement of its current laws.

The reforms proposed by the ALRC will amount to a fundamental change in the complexion of the Australian legislation, from a system where dissatisfied complainants could never get past the ‘black hole’ of the Privacy Commissioner’s office, to one of a more normal legal regime of appeals, reported cases, and some real understanding of what the Act actually means emerging over time.

This submission supports the ALRC’s proposals but also identifies areas in which further improvements could be made. These include more discretion for the Privacy Commissioner to report publicy; express requirements for consultation with stakeholders on Codes, guidance and own-motion investigations; a complainant’s right to a Determination in more circumstances; and more prescriptive requirements for complaints reporting.

Keywords: Consumer Protection Law, Law and Technology

Suggested Citation

Greenleaf, Graham and Waters, Nigel and Bygrave, Lee A., Promoting and Enforcing Privacy Principles: An Analysis of the Alrc Proposals for the Role of the Privacy Commissioner (April 28, 2008). UNSW Law Research Paper No. 2008-23. Available at SSRN: https://ssrn.com/abstract=1392587

Graham Greenleaf

University of New South Wales, Faculty of Law ( email )

Sydney, New South Wales 2052
Australia
+61 2 9385 2233 (Phone)
+61 2 9385 1175 (Fax)

HOME PAGE: http://www2.austlii.edu.au/~graham

Nigel Waters

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

Lee A. Bygrave (Contact Author)

University of Oslo ( email )

PO Box 6706 St Olavs plass
Oslo, N-0317
Norway

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