Recent inquiries in Australia and overseas have highlighted the importance of strong data privacy protections to avoid abuses of power, promote competition and innovation, and advance social welfare. At the same time, regulators and commentators recognise that existing approaches to privacy regulation are not adequately securing these outcomes in the digital age, particularly in light of increasingly pervasive and invisible surveillance of individuals by corporations and government alike. Many of these reports focus on the unprecedented reach of digital surveillance by the “tech giants” and its alleged connection with the power exerted by these organisations.
This course provides an introduction to laws affecting data privacy in Australia, as well as relevant comparisons with laws in other jurisdictions. It requires a critical analysis of these laws – and proposed reforms – in addressing the problems raised by modern data practices.
Main topics:
- Introduction to concepts of privacy and regulatory approaches
- Risks to data privacy in the digital age, including big data and digital platform dynamics, and related inquiries and reports in Australia and overseas
- Privacy and confidentiality under Australian common law
- History of the Privacy Act 1988 (Cth) and related proposals for reform
- Key statutory obligations concerning personal information
- Enforcement by the OAIC and State privacy commissioners
- Individual rights of recourse
- The ACCC Digital Platforms Inquiry and proposed amendments to the Privacy Act and related laws
- Comparative privacy regulation, including EU General Data Protection Regulation, California Consumer Privacy Act and trends in Asia
- Consumer Data Right, fintech and the introduction of “Open Banking”
