Because of the Privacy Act

Telecommunications privacy

Telecommunications privacy is another area considered by the ALRC in the inquiry. Many aspects of privacy in telecommunications are covered by separate legislation, in particular the Telecommunications Act 1997 (Cth). The ALRC has made several proposals to reform telecommunications privacy laws. For example, the Telecommunications Act is silent on whether a fee can be charged for an unlisted number. While charging for an unlisted number may not breach privacy laws, it reduces an individual’s ability to control the use or disclosure of their personal information. The ALRC proposes, therefore, that the Telecommunications Act be amended to prohibit the charging of a fee for an unlisted number in a public number directory.

Some types of small businesses that are currently exempt from the Privacy Act may regularly deal in large amounts of personal information - particularly Internet service providers and businesses that provide telephone number databases. While the ALRC propose the removal of the small business exemption, unless and until that proposal is implemented, it is the ALRC’s preliminary view that these businesses should be covered by the Privacy Act.

The ALRC is interested in feedback on whether laws that regulate “spam” and calls by telemarketers should be amended to provide further privacy protection. For example, should the Spam Act prohibit the sending of certain commercial Bluetooth and facsimile messages? Should the exemption for political parties, members of parliament and election candidates under the Do Not Call Register Act 2006 be removed?

Complaint handling

The ALRC’s review has identified concerns about the transparency and efficiency of complaint handling under the Privacy Act. In order to increase efficiencies in the handling of complaints by the Privacy Commissioner, the ALRC has proposed that the Commissioner have the power to refer matters to approved external dispute resolution bodies, such as the Telecommunications Industry Ombudsman and Banking and Financial Services Ombudsman, where appropriate.

Where to next?

The proposals outlined in Discussion Paper 72 do not represent the ALRC’s final views. They are preliminary views and the ALRC welcomes feedback on whether they are practical and appropriate. If you would like to comment on any issue, you can use the online comment form on our website, send an email (privacy@alrc.gov.au), or a letter.

Feedback on proposals for reform is welcome until December 7, 2007, after which the ALRC will prepare a final report to the Attorney-General. The ALRC’s final report is due to the Attorney-General by March 31, 2008.