‘GDPR Creep’ for Australian Businesses But Gap in Laws Widens
(2018) 154 Privacy Laws & Business International Report 1, 4-5
5 Pages Posted: 6 Aug 2018 Last revised: 28 Aug 2018
Date Written: June 6, 2018
Australia’s privacy protections are not regarded as ‘adequate’ by the European Union, under the 1995 Directive, despite occasional misapprehensions that they are. There has been some strengthening of Australia’s Privacy Act 1988 in the decade since the EU last examined the question of the adequacy of Australian law, but the most significant gaps have not since been plugged. However, as the EU’s General Data Protection Regulation (GDPR) entered into force on 25 May 2018, the distance between Australian and EU data privacy protections may be greater than it was under the Directive. This article considers the ‘gaps’ remaining between the GDPR and Australian law, and whether they are likely to be significant for the question of adequacy, if and when it arises again.
Keywords: data protection, privacy, Australia, European Union, GDPR
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