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The Coalition recognises the importance of privacy to the community in general, and that consumers' confidence in the way their personal information is used by the private sector is essential for the uptake of electronic commerce. It is for that reason that the Coalition developed legislation that extends privacy protection to the private sector. The Privacy Amendment (Private Sector) Bill will come into effect on 21 December 2001.
The Privacy Amendment (Private Sector) Act 2000 was developed to address business and consumer concerns about privacy matters, especially in the online environment, and it was developed to address our international obligations. The Act encourages organisations to remember that they are dealing with people - not just numbers. The private sector privacy scheme is innovative in its approach to privacy protection. Rather than address privacy issues on a sector-by-sector basis, it addresses them across the entire economy. This provides certainty and consistency for affected businesses regardless of the activities they are involved in.
The legislation incorporates the National Principles for the Fair Handling of Personal Information, which were developed by the Privacy Commissioner after extensive consultation with business and consumers groups. The legislation is technology neutral. The result is legislation that applies equally to conventional, electronic and digital environments.
The Coalition's privacy legislation is not overly prescriptive. The Coalition is committed to ensuring a light touch and co-regulatory regime. The Coalition has provided a flexible platform for business and industry sectors to develop their own approaches to privacy, tailored to meet their own needs, provided they meet minimum legislative standards. Business has been given the opportunity to take responsibility for managing their own good privacy practices.
The Act does not promote privacy as an absolute right. Exemptions in the legislation recognise that the privacy of individuals needs to be balanced with other public interests. For example, the exemption for media organisations engaged in journalism recognises the importance of retaining the free flow of information to the Australian public.
The Coalition has set out clear standards that will for the first time protect consumers' privacy when dealing with the private sector. At the same time the information economy will be able to develop and grow without unnecessary constraints. The Coalition's legislation is realistic and balanced. Because it is co-regulatory, it is flexible to meet the needs of both business and consumers. Most importantly, the technology neutral nature of the legislation means that it will not date.
The Greens stongly agree with ISOC-AU and its affiliates on these issues. All need to be addressed urgently, not only to support future development of the Internet, but generally as matters of public policy. We feel that the right first step is an inquiry (as mentioned) which will allow voices other than those of entrenched interests to be heard.
The Greens are very supportive of the aim to increase internet access equity, to reduce the "digital divide", and to further Australia's role and standing in the Internet community.