Privacy and Other Legislation Amendment Bill 2024

Andrew McLachlan

This means that the opposition amendment on sheet 3144 cannot be moved. We are now on sheets 3016, 3017 and 3018 in the name of the Australian Greens. The question is that the Australian Greens amendments on sheets 3016 revised, 3017 revised and 3018 be agreed to.

Australian Greens' circulated amendments—

SHEET 3016 REVISED

(1) Clause 2, page 2 (after table item 7), insert:

(2) Schedule 1, page 58 (after line 27), at the end of the Schedule, add:

Part 17 — Meaning of personal information

Privacy Act 1988

92 Subsection 6(1) (definition of de-identified )

Omit "is no longer about an identified individual", substitute "no longer relates to an identified individual".

93 Subsection 6(1) (definition of personal information )

Omit "about an identified individual", substitute "that relates to an identified individual".

94 Subsection 6(1)

Insert:

reasonably identifiable: an individual is reasonably identifiable if the individual is capable of being distinguished from other individuals, even if the identity of the individual is not known.

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SHEET 3017 REVISED

(1) Clause 2, page 2 (after table item 7), insert:

(2) Schedule 1, page 58 (after line 27), at the end of the Schedule, add:

Part 16 — Meaning of consent

Privacy Act 1988

90 Subsection 6(1) (definition of consent )

Repeal the definition, substitute:

consent means:

(a) when used in relation to the collection, use or disclosure of information that is about an individual—consent that is in accordance with subsection (12); and

(b) otherwise—express consent or implied consent.

90A At the end of section 6

Add:

(12) For the purposes of paragraph (a) of the definition of consent in subsection (1):

(a) the consent must be:

(i) voluntary; and

(ii) informed; and

(iii) current; and

(iv) specific; and

(v) unambiguous; and

(b) the individual must be able to withdraw the consent in a manner that is easily accessible to the individual.

91 Application of amendment

The amendment of the Privacy Act 1988 made by this Part applies in relation to the collection, use or disclosure of information on or after the commencement of this item.

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SHEET 3018

(1) Clause 2, page 2 (after table item 7), insert:

(2) Schedule 1, page 58 (after line 27), at the end of the Schedule, add:

Part 18 — Fair and reasonable test for collection, use or disclosure of personal information

Privacy Act 1988

95 At the end of clause 3 of Schedule 1

Add:

Collection must be fair and reasonable

3.8 An APP entity must not collect personal information about an individual unless the collection is fair and reasonable in the circumstances.

3.9 Subclause 3.8 applies:

(a) despite any other provision of this Act; and

(b) regardless of whether the individual has consented to the collection.

96 At the end of clause 6 of Schedule 1

Add:

Use or disclosure must be fair and reasonable

6.8 An APP entity must not use or disclose personal information about an individual unless the use or disclosure is fair and reasonable in the circumstances.

6.9 Subclause 6.8 applies:

(a) despite any other provision of this Act; and

(b) regardless of whether the individual has consented to the use or disclosure of the information.

97 Application of amendments

The amendments of the Privacy Act 1988 made by this Part apply in relation to the collection, use or disclosure of information on or after the commencement of this item.