Privacy Profile

PHR2006 - Australia 18/12/2007

PHR2004 - Commonwealth of Australia 16/11/2004
While privacy issues are now featured prominently in the daily news in Australia, the legal safeguards for personal information remain limited. Neither the Australian Federal Constitution nor the Constitutions of the six States contain any express provisions relating to privacy. Will this remain the case or will changes be made?

Censorship Profile

Silenced - Australia 21/09/2003
Does the current 'War on Terror' stance of the Australian government conflict with her citizen's ability to utilise information technology and media?

News and Developments

Research on Interception of Communications released (external) 28/02/2005
A report released by the Hong Kond Legislative Council Secretariat reviews the differences in interception regimes in the UK, the U.S., and Australia.

Australia Adopts Police Wiretap and Spyware Laws 08/12/2004
The Australian Parliament approved the Surveillance Devices Bill (No. 2) 2004 and Telecommunications (Interception) Amendment (Stored Communications) Bill 2004 on 8 December 2004. The Interception law allows for easy access to email, SMSs and voicemail by police. The spyware law authorizes federal and state police to install spyware on user's computers for offenses that carry a penalty of three years prison time, less than what is required for a obtaining a wiretap.

Australian Big Brother Awards 2004 26/11/2004
The Australian Privacy Foundation announced the winners of the 2004 Australian Big Brother Awards on 25 November. The Winners were Lifetime Menace: Carl Scully, NSW Minister for Roads, People's choice: Queensland Smartcard Drivers Licence, Greatest corporate invader: Major political parties, Worst Public Agency or Official: Bob Debus, NSW Attorney-General and Most invasive technology: Biometric passports. The Best Privacy Guardian award was given to John Pane, Australia Post's Chief Privacy Officer.

Legal and Policy Developments

Australian Privacy Law Review Finds Serious Flaws (external) 19/05/2005
The Privacy Commissioner of Australia has released a new 283 page review of the effectiveness of the private sector privacy laws in Australia. The report found a lack of national consistancy in protections. It also questioned the privacy principles effectiveness for information collected in new technologies and problems with health data.

Australia Revisits Interception Act, Again 27/07/2004
After a previous failure in 2002 to remove warrant requirements for access to stored communication, and after introducing the Telecommunications (Interception) Amendment Bill 2004 that differentiated between stored communications that had been read and those who have not the Senate Legal and Constitutional Legislation Committee reviewed the Telecomunications (Interception) Amendment (Stored Communications) Bill 2004.

Australian Senate Reviews Terrorism Bill 27/05/2004
The Australian Senate Legal and Constitutional Legislation Committee released a report on the Provisions of the Anti-terrorism Bill 2004.

PI Global Studies

Freedom of Information Around the World 2006 Report 20/09/2006
Privacy International released the 2006 Freedom of Information and Access to Government Records Around the World report on 20 September 2006. The survey reviews FOI and other access laws and their implementation in 70 countries. The survey is now available in English and Russian. A global map of FOI laws, regulations, and pending bills is also available.

PI/Freedominfo.org Global Survey 2004: Freedom of Information and Access to Government Record Laws Around the World 13/05/2004
Privacy International and Freedominfo.org released the 2004 Freedom of Information and Access to Government Records Around the World report on 13 May 2004. The survey reviews FOI, state secrets, environmental, archives and other access laws and their implementation in 58 countries. It is available in English, Russian and Arabic A global map is also available.

Silenced: Censorship and Control of the Internet 10/09/2003
Silenced is an independent research initiative managed jointly by Privacy International and the GreenNet Educational Trust. The twelve-month project was undertaken through a collaboration of more than fifty experts and advocates throughout the world. The work was made possible by a grant from the Open Society Institute.

Other Documents

Australia Interception Reports 28/07/2002
We have archived Reports from the Australian Government on the Telecommunications (Interception) Act 1979.

Australian Parliamentary Committee Report on Law Enforcement Implications of New Technology (PDF) 28/08/2001
The Committee report considers the increasing amount of evidence that emerging technology, most particularly in the communications and information fields, as playing an ever more pervasive role in both criminal behaviour and law enforcement activity. We have archived their final report.

EPIC Cryptography and Liberty 2000 Survey 05/08/2000

EPIC Cryptography and Liberty 1999 Survey 01/05/1999
A survey of the encryption policies in over 100 countries around the world finds that there is little support for restrictions on use of encryption.

Events and Public Meetings

Australian Big Brother Awards 2003 08/09/2003
The Australian Privacy Foundation held the 1st Australian Big Brother Awards on 8 September 2003. The winners were Attorney General Darryl Williams (lifetime menace), the Internet Industry Association (corporate invader), the TICA Default Tenancy Control (technology) and Senator Chris Ellison (worst public official).

Campaigns

Campaign for Privacy in Australia 28/07/1997
A broad based coalition of privacy rights, industry and academic groups have banded together to urge PM Howard to reverse his decision. Privacy International is calling on European countries to restrict data flows to Australia until the legislation is enacted

Links and Other Resources

Australian Privacy Foundation 09/08/2004
The Australian Privacy Foundation is the primary association dedicated to protecting the privacy rights of Australians. The Foundation aims to focus public attention on emerging issues which pose a threat to the freedom and privacy of Australians. The Foundation has led the fight to defend the right of individuals to control their personal information and to be free of excessive intrusions.

Archived News

Australia Privacy Law Gives Rise to Controversy 28/07/2002
Professor Roger Clarke reviews the controversy surrounding the privacy law in Australia and the unwillingness to adopt privacy sector regulation.