CHOICE welcomes the Federal Government introducing a Bill that includes a right to sue for serious invasions of privacy, greater powers for the privacy regulator, and transparency when automated decision-making is used by a business.
However, CHOICE is concerned the Government has postponed the most significant privacy reforms, leaving consumers vulnerable to data misuse and data breaches. CHOICE's nationally representative research also highlights that these delayed reforms are also supported by most people.
Key reforms not included in today's Bill include:
- A fair and reasonable use test that would ensure businesses only collect and keep the data we want to share. CHOICE's research found 77% of people agree that businesses should only be allowed to use their personal information in ways that are fair to them.
- Removing the small business exemption from the Privacy Act, which would protect more consumers from data misuse by a wider array of businesses. 83% of people agree that small businesses should be required to follow the same rules as big businesses when it comes to using personal data.
- Changing the definition of "personal information" from information about a person to relating to a person.
"It's disappointing this once-in-a-generation reform has been put on the backburner, especially after half a decade of consultation. Our national research found that most people want businesses to be legally required to treat their data responsibly and fairly. By delaying key privacy reforms, businesses have free reign over how they collect and use our personal information," says CHOICE Senior Campaigns and Policy Adviser, Rafi Alam.
"Our research also revealed that consumers expect the same protections across all businesses regardless of size. Whether it's a supermarket, real estate agent or a social media site, consumers want assurance that their personal information is used fairly across all businesses," says Alam.
"Earlier this year around 13 million consumers were affected in the data breach at Medisecure, and disasters like this will only continue if our Privacy Act isn't brought into the 21st century. CHOICE is calling on the Federal Government to release draft legislation for the second tranche of privacy laws for consultation before the end of the year," says Alam.
Editor's notes:
CHOICE's Consumer Pulse June 2024 is based on an online survey designed and analysed by CHOICE. 1,010 Australian households responded to the survey with quotas applied to ensure coverage across all age groups, genders and locations in each state and territory across metropolitan and regional areas. The data was weighted to ensure it is representative of the Australian population based on the 2021 ABS Census data. Fieldwork was conducted from the 12th of June to the 28th of June, 2024.
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