OAIC welcomes ACCC's proposed privacy reforms
The Office of the Australian Information Commissioner (OAIC) has welcomed the findings from the government’s recent Digital Platforms Inquiry, specifically the recognition that privacy laws must be strengthened for the digital era.
The ACCC-led Digital Platforms Inquiry called for widespread, holistic reforms to address the dominance of digital platforms — particularly Google and Facebook — and their impact on the Australian competitive landscape.
These include a number of recommendations for improving privacy, such as the introduction of a binding Privacy Code for digital platforms and the development of a statutory tort for serious invasions of privacy.
Australian Information Commissioner and Privacy Commissioner Angelene Falk said the proposed privacy code should include specific requirements for notice and consent to allow people to make an informed choice about the use of their data.
“Organisations entrusted with our personal information need to be more transparent and accountable in their handling of our data and their dealings with the public,” she said.
“We also need the right safeguards and settings so that Australians can manage their privacy choices and exercise control.
Falk said in developing the code, the OAIC will consider introducing additional requirements for handling children’s data to ensure that its collection, use and disclosure is minimised, particularly for targeted advertising and online profiling.
The OAIC also welcomed the ACCC’s recommendations including the development of stronger consent requirements giving consumers more control, measures to require personal information to be erased on request and a direct right of action for individuals in the event of privacy invasions.
ForgeRock Senior Manger for Solutions Architecture Adam Biviano said updating regulations to reflect the explosion of data as a result of recent advancements in technology is becoming a pressing requirement.
“We have reached a crossroad where the decisions we make today regarding regulatory frameworks can construct a future where power is handed back to the individual. There is a need to put the individual back in the driver’s seat and to determine how technology can positively impact their lives,” he said.
“Governments must take an active role in the oversight of how data can be used and the controls available to the individual. Just as they do for the likes of road rules, governments need to be constantly evolving data accountability regulations and enforcement strategies.”
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