Table of Contents
Executive Summary and Recommendations
FOREWORD
Chapter 1
Referral and conduct of the inquiry
Introduction
Terms of reference
Conduct of the inquiry
Reporting Date
Structure of the Report
Chapter 2
Protecting privacy in the private sector: background and context of the
inquiry
Introduction
The Right To Privacy
Concern over the protection of privacy
The significance of emerging technology
Tenant databases
General trends in privatisation and contracting out
Freedom of Information
Health records and genetic privacy
Industry is always regulated by the market
Past reports
International trends
Australian developments
The Privacy Amendment Bill 1998
Conclusion
Chapter 3
Evaluating a privacy system
Introduction
General characteristics of a privacy protection scheme
Content of the principles of privacy
Enforcement of privacy rights
Stakeholders in privacy protection
The public interest
International standards and obligations
Conclusions
Chapter 4
Privacy protection in Australia: current standards – legislation
and law
Introduction
Legislation
Problems with legislative protection – a “heavy handed”
approach?
Common Law protection of privacy
Conclusions
Chapter 5
Privacy protection in Australia – current standards – self
regulation
Introduction
Definition of self-regulation
The characteristics of the self-regulated system
The advantages of self-regulation
The coverage of existing self-regulatory systems
The National Principles as a form of self-regulation
Conclusions
Chapter 6
Finding the best solution: suggested models
Introduction
The Privacy Amendment Bill 1998
Conclusions
Chapter 7
The co-regulation model
Introduction
Background
Attorney-General's model: A co-regulatory approach
Benefits of the proposed co-regulatory scheme
The appropriateness of the use of the National Principles for the fair
handling of information as a basis for a co-regulatory regime
Chart 1 - Number of submissions by industry
Chart 2 – Overall response to a co-regulatory regime
Chart 3 – Responses to a co-regulatory regime (industry/business
sector)
Chart 4 – Responses to a co-regulatory regime (government departments/statutory
authorities)
Chart 5 – Responses to a co-regulatory regime (industry associations/councils
Chart 6 – Responses to a co-regulatory regime (direct marketing
industry)
Chart 7 – Responses to a co-regulatory regime (health industry)
Chapter 8
Co-Regulation – Costs and Constitutionality
Costs
Constitutionality of Commonwealth privacy legislation
Privacy and the Private Sector – Final Conclusions
Appendix 1
List of submissions received for inquiry
Appendix 2
Public hearings and witnesses
Appendix 3
The Privacy Amendment Bill 1998
Appendix 4
The National Principles for the fair handling of personal information,
1998
Appendix 5
Overseas and Australian developments in privacy
International comparisons – Term of Reference 1 (b)
Current legislative and other frameworks for privacy regulation in the
Commonwealth, States and Territories – Term of reference 1(c)
Appendix 6
Attorney-General's Department discussion paper privacy protection in
the private sector submission list
GOVERNMENT SENATORS' ADDITIONAL COMMENTS
AUSTRALIAN DEMOCRATS' ADDITIONAL COMMENTS