BCA says proposed privacy legislation 'too broad,’ will lead to 'high degree of volatility'
The Business Council of Australia (BCA) has raised concerns about key provisions in the Privacy and Other Legislation Amendment Bill 2024, particularly regarding the introduction of a statutory tort.
In its submission to the Legal and Constitutional Affairs Legislation Committee, the BCA said that the current approach to the reforms needs more clarity.
"The creation of a new statutory tort, requirements around automated decision making, and the expansion of the Information Commissioner's code-making powers need significant work before they are ready," said the BCA.
The statutory tort gives individuals affected by serious invasions of privacy, such as intrusion of seclusion or misuse of information, the avenues to redress.
But the approach included in the bill is applied "too broadly and will result in a high degree of volatility in interpretation through case law," the BCA warned.
"This will result in negative experiences for plaintiffs due to prohibitive costs and long court delays," it added. "It will also impose significant costs on companies that are required to defend legal proceedings."
This is not the first time that the BCA criticised the statutory tort, as chief executive Bran Black also criticised it as a very broad concept.
"As drafted, the tort would apply to information much broader in scope than the personal information usually regulated in the purview of the Privacy Act. It would also bring in a broader range of organisations (such as small businesses)," the BCA said.
Meanwhile, the submission also noted that while the government had acted on some recommendations from the 2020–2023 Privacy Act Review, a number of major changes are still delayed.
These include changes to the definition of personal information, the potential removal of the small business exemption, and shifts in the rights of individuals and organisational accountability.
"The current approach to privacy reform is fragmented," the BCA stated. "Enacting these recommendations into legislation more holistically would mean Australians are more able to benefit from the privacy protections they have been promised."
