Privacy reform lacking, warns CHOICE

Consumer watchdog CHOICE has welcomed the Federal Government introducing a privacy reform Bill this week, but warns it does not go far enough to protect consumers.

The Bill 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, the Government has postponed some significant privacy reforms, which CHOICE says will leave consumers vulnerable to data misuse and data breaches. These delayed reforms are supported by most people, according to CHOICE’s national representative research.

Key reforms not included in the 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,” said CHOICE Senior Campaigns and Policy Adviser, Rafi Alam.

“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.”

CHOICE’s research 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,” said Mr 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.

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