GENEVA – A UN expert has welcomed the comprehensive reforms proposed by the Privacy Act Review, which the Commonwealth Government has been deliberating, but has yet to implement the legislative and non-legislative reforms.
“Australia’s efforts to update its privacy framework for personal data has been a prolonged process but, if prioritised, it could even become a good example of cross-jurisdictional harmonization of the federal and state/territory levels regarding its privacy laws – if the Government can exert the political will and seize this moment,” said Ana Brian Nougrères, UN Special Rapporteur on the right to privacy, after a ten-day visit to the country which concluded on 19 August.
In her end of mission statement the expert noted, “there is an urgent need to amend the legal and regulatory privacy framework and adopt a Human Rights Act, the latter is a priority shared by the National Human Rights Commission, as it would strengthen protection measures and enable citizens to take remedial action for breaches.
The Special Rapporteur examined privacy issues in relation to personal and health data, cybersecurity, surveillance and artificial intelligence and other emerging technologies.
She stressed that technological innovation is important, but it must be embraced using a human rights-based approach to mitigate the risks of inadvertent misuse and intentional abuse of personal information and it is crucial to elevate digital literacy so citizens can better safeguard their right to privacy.
“I was particularly interested to understand the intersectionality of privacy rights with gender, indigenous, children and the elderly as these vulnerable communities have a heightened risk of privacy violations” the expert explained, “which can reveal alarming trends of discrimination, violence, sexual exploitation, cyberbullying and financial manipulation.”
The expert shared her philosophy of the importance of awareness, education, cooperation, harmonisation and standardisation (see GA Res A/78/L.49 March 2024) and the need for robust legal safeguards to ensure remedies are accessible, in practice, to effectively address data breaches and privacy violations, particularly in an increasingly digital age which requires flexible and innovative technical solutions.
The Special Rapporteur met with Government officials, national institutions, civil society, academics and lawyers in the Australian Capital Territory, New South Wales, Queensland and Victoria.
The expert will submit her report on the visit to the Human Rights Council in March 2025.