Australian Privacy Commissioner won’t be taking 'softly, softly approach' with privacy reforms

Timothy Pilgrim will be able to seek civil penalties of up to $1.7 million for companies if there is a serious breach of privacy

Australian Privacy Commissioner Timothy Pilgrim has warned enterprises and government agencies that he won’t be taking a “softly, softly approach” to privacy investigations when his new powers come into effect on 12 March 2014.

Under the <i>Privacy Amendment (Enhancing Privacy Protection) Bill 2012</i> which was passed by Parliament in November 2012, Pilgrim will be able to seek civil penalties of up to $340,000 for individuals or up to $1.7 million for companies in the case of a serious breach of privacy.

Speaking at the iaapANZ Privacy Summit in Sydney this week, Pilgrim said he had been asked by people if he will take a cautious approach after implementation of the privacy reforms.

“I have never been known to be subtle so the answer to that question is probably no,” Pilgrim said.

“Before people get too excited about the bluntness of that response, remember that I said I would always start by trying to resolve matters through conciliation. But please do not interpret conciliation to mean softly, softly.”

He added that audits of Australian government agencies, tax file number recipients, credit reporting agencies and credit providers will be extended to include private sector companies.

These audits will determine if companies are handling personal information in accordance with the new Australian Privacy Principles (APPs).

“There has been a power in the current [Privacy] Act to allow me to audit a private sector organisation by invitation. However, it seems organisations have been too shy to extend such an invitation up to now,” Pilgrim said. “So from 12 March I’ll be able to invite myself in.”

He warned that these assessments may be conducted at “any time”, whether the organisation has had a previous privacy breach or not.

“Central to the Office of the Australian Information Commissioner’s (OAIC) enforcement activity is an enforcement pyramid approach to regulation,” Pilgrim said.

For example, in the case of individual complaints the OAIC would expect that a person would try to resolve the issue with the organisation first.

“If a matter is accepted by us, we will always attempt to resolve issues through mutual agreement, conciliation,” he said.

“However, in the event that this is not effective, we will not hesitate in using our other tools to resolve a matter, including determinations, enforceable undertakings or in the case of serious or repeated breaches, civil penalties.”

Follow Hamish Barwick on Twitter: @HamishBarwick

Follow Computerworld Australia on Twitter: @ComputerworldAU, or take part in the Computerworld conversation on LinkedIn: Computerworld Australia

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Show Comments
cmo-xs-promo

Latest Videos

More Videos

Anyone can become a victim of the sophisticated schemes set up by these scam websites. It's not about being smart; I don't consider mysel...

Mathieu Lecompte

ACCC takes Meta to court over scam cryptocurrency advertising

Read more

Nice blog!Blog is really informative , valuable.keep updating us with such amazing blogs.influencer agency in Melbourne

Rajat Kumar

Why flipping Status Quo Bias is the key to B2B marketing success

Read more

good this information are very helpful for millions of peoples customer loyalty Consultant is an important part of every business.

Tom Devid

Report: 4 ways to generate customer loyalty

Read more

Great post, thanks for sharing such a informative content.

CodeWare Limited

APAC software company brings on first VP of growth

Read more

This article highlights Gartner’s latest digital experience platforms report and how they are influencing content operations ecosystems. ...

vikram Roy

Gartner 2022 Digital Experience Platforms reveals leading vendor players

Read more

Blog Posts

​Why we need to look at the whole brand puzzle, not just play with the pieces

Creating meaningful brands should be a holistic and considered process. However, all too frequently it’s one that is disparate and reactive, where one objective is prioritized at the expense of all others. So, what are the key pieces to the ‘good’ brand puzzle?

Marketing overseas? 4 ways to make your message stick

Companies encounter a variety of challenges when it comes to marketing overseas. Marketing departments often don’t know much about the business and cultural context of the international audiences they are trying to reach. Sometimes they are also unsure about what kind of marketing they should be doing.

Cynthia Dearin

Author, business strategist, advisor

From unconscious to reflective: What level of data user are you?

Using data is a hot topic right now. Leaders are realising data can no longer just be the responsibility of dedicated analysts or staff with ‘data’ in their title or role description.

Dr Selena Fisk

Data expert, author

Sign in