Responding to global trends? privacy law reform in Australia

Research output: Chapter in Book/Report/Conference proceedingChapter (Book)Researchpeer-review

Abstract

This chapter explores the extent to which contemporary Australian privacy law responds to global trends. After giving an overview of the structure of privacy and data protection in Australia, the chapter critically comments on the current review of Australian Privacy Act 1998 (Cth). It identifies and considers key proposals in the reform, including the updated definition of personal Information, the strengthening of the notice and consent regime and other privacy principles, the protection of children’s privacy, the new direct right of action and the introduction of a statutory privacy tort. The chapter demonstrates that the Australian law reform debate carefully engages with emerging overseas developments, in particular in the European Union. However, as in the past, the Australian preference is for interoperability rather than close alignment with overseas approaches. As a result, it is likely that the forthcoming privacy law reforms will bring evolutionary, rather than sweeping, changes to the law that will redress the balance in favour of stronger protections and update Australia’s data protection framework to make it fit for the 2020s.
Original languageEnglish
Title of host publicationData Disclosure
Subtitle of host publicationGlobal Developments and Perspectives
EditorsMoritz Hennemann, Kai von Lewinski, Daniela Wawra, Thomas Widjaja
Place of PublicationBerlin Germany
PublisherWalter de Gruyter
Pages147-168
Number of pages22
Edition1st
ISBN (Electronic)9783111010601, 9783111011769
ISBN (Print)9783111009858
DOIs
Publication statusPublished - 2023

Publication series

NameGlobal and Comparative Data Law
Volume2

Keywords

  • Data protection
  • privacy law
  • Australian law
  • comparative law

Cite this