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Government’s privacy package focuses on enforcement over structural reforms

Privacy Commissioner Carly Kind supports the progress on privacy law changes, but notes key reforms crucial for the economy were absent from the proposals.

Laurel Henning
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Privacy Commissioner Carly Kind told Capital Brief that last week's privacy law proposals give the regulator more enforcement options, but fail to address resourcing issues. Supplied.

When Attorney-General Mark Dreyfus unveiled long-awaited changes to Australian privacy law last week, what he delivered was an enforcement package amid intensified Big Tech scrutiny — rather than deep structural change to the law.

For Privacy Commissioner Carly Kind, the legislation is a step in the right direction, but one that risks a decline in investment by companies that need to bolster their privacy protections.

With the bulk of legal change not expected until after the federal election, due by May next year, Kind thinks "there is a risk that entities will choose not to invest in privacy in the interim".

Lawyers speaking with Capital Brief seem more optimistic that there is now increased urgency for businesses to get their houses in order when it comes to data management, even without deeper legal reform at this stage.