REPORT ON THE OPERATION OF PRIVATE SECTOR PRIVACY PROVISIONS
FINDS NO FUNDAMENTAL FLAW

Sydney, 19 May, 2005: The Australian Bankers’ Association (ABA) welcomes the release of the report into the operation of the private sector provisions of the Privacy Act – ‘Getting in on the Act: The Review of the Private Sector Provisions of the Privacy Act 1988.’

The Privacy Commissioner’s report finding that ‘no fundamental flaw’ in the private sector provisions had been identified in their first three years of operation vindicates the Government’s ‘light touch’ approach when the legislation was first developed.

David Bell, Chief Executive of the ABA, said: “It is a welcome finding in the report that after three years the basic underpinnings of the Commonwealth regime remain valid and sound. The Privacy Commissioner, Karen Curtis, has conducted a thorough examination of the operation of the private sector provisions and she has consulted widely and effectively in producing this important report.”

One of the main objectives of the private sector provisions is to recognise the desirability of a free flow of information and the right of businesses to achieve their objectives efficiently while balancing these considerations with individuals’ privacy interests.

Mr Bell said: “Banks welcomed the Government’s decision to introduce private sector privacy legislation at Commonwealth level to provide national consistency and certainty for banks and their customers about their respective privacy rights and obligations.”  

In the main, the recommendations, in what is a balanced report, are consistent with this objective. The report identifies some areas which might benefit from some finetuning to improve the operation of the law.  Two important aspects are steps to improve the resolution of privacy disputes for consumers and working with all governments to achieve greater national consistency in privacy-related regulation.

Mr Bell said: “Banks, which operate on a national scale, particularly welcome the recommendations aimed at achieving greater national consistency in State privacy-related legislation and certain Commonwealth laws.”

“In recent years, there have been developments at both Commonwealth and State levels that have the potential to undermine the objective of national consistency in privacy-related legislation and the ABA supports a co-ordinated approach being taken to address these threats.”

The ABA will review the report in greater detail in consultation with its members.


For further information:

Heather Wellard
Director, ABA Public Relations
Phone: 02 8298 0411
Mobile: 0409 830 439
 

ENDS