The Privacy and Other Legislation Amendment Bill 2024 [provisions] would enact a first tranche of reforms to the Privacy Act 1988 (Privacy Act) agreed by the government in its Response to the Privacy Act Review. The bill would also introduce a new statutory tort for serious invasions of privacy and targeted criminal offences to respond to doxxing.

This report summarises evidence from stakeholders and offers recommendations for amending the bill before its passage. While generally supportive of the Bill's intent, the Committee identifies areas requiring refinement, particularly regarding children's online privacy, automated decision-making transparency, and the proposed statutory tort for serious invasions of privacy.

The report underscores the complex policy considerations surrounding privacy in Australia. It highlights the tension between protecting individual privacy rights and safeguarding freedom of expression, particularly in the context of online platforms, journalism, and emerging technologies. The report's recommendations seek to refine the proposed legislation to better balance these competing interests and ensure greater clarity for both individuals and organizations.

Recommendations

1. That the minimum consultation period for the Children's Online Privacy Code is extended to at least 60 days.
2. Include a requirement for the Information Commissioner to consult with relevant industry bodies or organisations when developing the Children's Online Privacy Code. 
3. Extend the exclusion for media organisations accessing personal information during declared emergencies to exclude national broadcasters.
4. Empower the Information Commissioner to issue a discretionary notice before issuing an infringement notice.
5. Make clear that the level of information required in privacy policies is not expected to compromise commercial-in-confidence information about automated decision-making systems.
6. Considers amending the bill to:
   1. require a court to consider the matters of public interest that justify the invasion of the plaintiff's privacy;
   2. not require a defendant to adduce evidence of public interest in every case; and
   3. provide that 'artistic expression' is a form of freedom of expression.
7. Considers amending the bill to ensure that the journalism exemption applies to a person involved in the publication, re-publication or distribution of journalistic material.
8. Make clear that the concept of 'journalistic material' for the serious invasions of privacy tort includes 'editorial' material.
9. Make clear that the power conferred on a court to issue an injunction is not limited to an 'interim' injunction.