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Privacy Amendment (Re-identification Offence) Bill 2016

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2016-2017

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

SENATE

 

 

 

pRIVACY AMENDMENT (RE-IDENTIFICATION OFFENCE) BILL 2016

 

 

ADDENDUM TO THE EXPLANATORY MEMORANDUM

 

 

(Circulated by authority of the

Attorney-General, Senator the Honourable George Brandis QC)

                                                                                                        

 



 

 

pRIVACY AMENDMENT (RE-IDENTIFICATION OFFENCE) BILL 2016

general Outline

On page 12, in paragraph 18, in the first sentence, after the words ‘a State or Territory authority’, insert:

(including universities)

On page 14, in paragraph 26, after the sentence ending in ‘under subsection 16D(6) and (7) of the Bill’, insert:

For example, unintentional re-identification that occurs as a by-product of public interest research using a government dataset, for example through data matching, would not constitute an offence under section 16D.

On page 16, at the end of paragraph 37, insert:         

This is particularly the case where a contract between an entity and Commonwealth agency is not publicly available. It would therefore be significantly more difficult and costly for the prosecution to prove that the exception did not apply, as it would require the prosecution to first enquire and establish whether such a contract exists and, if so, then establish that the conduct was not consistent with that contract.

On page 16, at the end of paragraph 39, insert:

This is particularly the case where an agreement between an entity and Commonwealth agency is not publicly available. It would therefore be significantly more difficult and costly for the prosecution to prove that the exception did not apply, as it would require the prosecution to first enquire and establish whether such an agreement exists and, if so, then establish that the conduct was not consistent with the agreement.

On page 19, at the end of paragraph 52, insert:

Accordingly, the offence and civil penalty are confined only to situations where the entity intentionally discloses the re-identified information.

On page 20, at the end of paragraph 61, insert:         

This is particularly the case where a contract between an entity and Commonwealth agency is not publicly available. It would therefore be significantly more difficult and costly for the prosecution to prove that the exception did not apply, as it would require the prosecution to first enquire and establish whether such a contract exists and, if so, then establish that the conduct was not consistent with that contract.



 

 

On page 21, at the end of paragraph 63, insert:

This is particularly the case where an agreement between an entity and Commonwealth agency is not publicly available. It would therefore be significantly more difficult and costly for the prosecution to prove that the exception did not apply, as it would require the prosecution to first enquire and establish whether such an agreement exists and, if so, then establish that the conduct was not consistent with the agreement.

On page 26, in paragraph 93, after the sentence ending in ‘in relation to one or more specified purposes’, insert:

This is intended to provide an appropriate balance between protecting the privacy of individuals and allowing for legitimate research to continue. In view of the narrow scope of the proposed offences and civil penalties in sections 16D, 16E and 16F, it is not expected there will be a large number of entities which will need exemptions. This demonstrates that the breadth of the exemption in section 16G is appropriate.