Privacy Amendment (Enhancing Privacy Protection) Bill 2012 passes Federal Parliament

The Privacy Amendment (Enhancing Privacy Protection) Bill 2012 passed Federal Parliament and is awaiting assent. With implications across the board for most organisations, the increase in powers to the Privacy and Information Commissioners have been the most hotly debated.

In response to the Australian Law Reform Commission’s report in relation to Australian privacy law and practice, the bill amends the Privacy Act 1988 to:

- replace the current privacy principles for the public and private sectors with a single set of privacy principles (the Australian Privacy Principles (APPs));

- implement a comprehensive credit reporting system which includes five kinds of personal information;

- provide for codes of practice under the APPs and a credit reporting code, including powers for the Privacy Commissioner to develop and register codes that are binding on specified agencies and organisations; and

- clarify the functions and powers of the Information Commissioner and increase the commissioner’s ability to resolve complaints, recognise and encourage the use of external dispute resolutions services, conduct investigations and promote compliance with privacy obligations.

This may mean that standard privacy policies will need to be reviewed and changes in credit reporting requirements may mean consumers will have more information than expected recorded about them when applying for credit or paying their bills.

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