General Press Release No. 233 (October 1999)

Proposed legislation for the protection of privacy in the private sector

The Australian Press Council questions the need for quick action on proposed federal legislation for the protection of privacy in the private sector.

In a submission sent today to the Attorney-General, the Hon Darryl Williams, and the Minister for Communications, Senator Richard Alston, the Chairman of the Council, Professor Dennis Pearce, said that legislation on a topic of such significance to the community should not be introduced into the Parliament before wide consultation and debate of its effect on the public's right of access to information had taken place.

Consultation to date seems to have been limited to industry bodies within the private sector. The Council believes that there is a public interest in being informed of the actions of bodies which affect their daily lives and the public's view does not seem to have been considered.

The New Zealand experience of similar legislation is that it results in limitations on the disclosure of information relating, notably, to private organisations that carry out functions previously performed by government agencies.

The complexity of the New Zealand legislation has also created a climate of confusion in that, rather than release information, persons and organisations decline disclosure just in case privacy principles are breached.

Professor Pearce observed that a proposed exemption from the operation of the legislation for the news publishing activities of the media raises issues as to the scope of the expression "news". The exclusion will have to be carefully drafted if the public's protection through the principle of freedom of the press is not to be limited.

The Press Council's submission calls on the government to give statutory recognition to the freedom of the press so that privacy issues can be properly balanced against the public's right to access to information.

The submission also calls for the inclusion of an express public interest defence to avoid the legislation being used to hide corruption and the commission of offences.

see also
Index of material on the website on Privacy

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