Halfway or Half-Hearted? An Overview of the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (CTH)

7 Pages Posted: 2 May 2013 Last revised: 20 Aug 2013

See all articles by Normann Witzleb

Normann Witzleb

Monash University - Faculty of Law; The Chinese University of Hong Kong

Date Written: December 15, 2012

Abstract

In December 2012, the Australian Federal Parliament passed the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (CTH). The Amendment Act contains the first (of two) stages of long-anticipated reforms in response to the Australian Law Reform Commission (ALRC) report, For Your Information: Australian Privacy Law and Practice. The government's decision to implement the reforms in two stages has caused delays and led some observers to believe that the government is half-hearted about the reform agenda.

The Act introduces the Australian Privacy Principles, creates a new credit reporting regime, contains new provisions for Codes of Conduct, and provides new powers for the Australian Privacy Commissioner. This note provides a critical overview of these changes. It also concludes that law reformers need to remain vigilant to ensure that the reform process does not stop halfway and that the next Australian government commits to completing the task of creating well-balanced and effective protections in Australia.

Keywords: Privacy law, law reform, credit reporting

Suggested Citation

Witzleb, Normann and Witzleb, Normann, Halfway or Half-Hearted? An Overview of the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (CTH) (December 15, 2012). (2013) 41 Australian Business Law Review 55, Monash University Faculty of Law Legal Studies Research Paper No. 2013/14, Available at SSRN: https://ssrn.com/abstract=2259019

Normann Witzleb (Contact Author)

The Chinese University of Hong Kong ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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