List of recommendations

Recommendation 1

2.380The committee recommends that the minimum consultation period for the Children's Online Privacy Code is extended to at least 60 days.

Recommendation 2

2.382The committee recommends that the bill is amended to include a requirement for the Information Commissioner to consult with relevant industry bodies or organisations when developing the Children's Online Privacy Code.

Recommendation 3

2.384 The committee recommends the exclusion for media organisations from accessing personal information during declared emergencies is extended to exclude national broadcasters such as the ABC and Special Broadcasting Service.

Recommendation 4

2.386The committee recommends that the bill is amended to empower the Information Commissioner to issue a discretionary notice to an entity to remedy an alleged breach of one or more of the provisions in section 13K before issuing an infringement notice.

Recommendation 5

2.388The committee recommends that the Explanatory Memorandum to the bill is amended to 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.

Recommendation 6

2.390The committee recommends that the Commonwealth government considers amending clause 7 of the bill to:

require a court to consider the matters of public interest that justify the invasion of the plaintiff's privacy;

not require a defendant to adduce evidence of public interest in every case; and

provide that 'artistic expression' is a form of freedom of expression.

Recommendation 7

2.392The committee recommends that the Commonwealth government considers amending Schedule 2 of the bill to ensure that the journalism exemption applies to a person involved in the publication, re-publication or distribution of journalistic material.

Recommendation 8

2.394The committee recommends that Schedule 2 of the bill is amended to make clear that the concept of 'journalistic material' for the serious invasions of privacy tort includes 'editorial' material.

Recommendation 9

2.396The committee recommends that Schedule 2 is amended to make clear that the power conferred on a court to issue an injunction is not limited to an 'interim' injunction.

Recommendation 10

2.397Subject to the preceding recommendations, the committee recommends that the Senate passes the bill.