Australia’s Privacy Act Discussion Paper: ‘All that is solid melts into air’

Graham Greenleaf and Katharine Kemp report from Australia on the planned changes.

The Australian federal government released draft legislation (the Online Privacy Bill or OP Bill(1)) to amend the Privacy Act 1988 (Privacy Act) in October 2021. It includes both a framework for an ‘Online Privacy Code’ (OP code) to impose higher levels of regulation on online platforms, and more general strengthening of the Act’s enforcement provisions. It also released a Discussion Paper (DP)(2) considering options for a more extensive review of the Act. Our previous article (PL&B International December 2021, p.1) critiqued the OP Bill, and the enforcement aspects of the DP (which had a solid basis in government promises).

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