government investigates the ‘fair and reasonable test’ for processing personal information

The government wants feedback on new recommendations for handling personal information and research data use rules before choosing how to update the Privacy Act.

A two-year study of the Act yielded 116 ideas to strengthen Australian laws and regulations, but the government will conduct another assessment before determining which of the 116 to support.

Attorney-General Mark Dreyfus released the 320-page study [pdf] as well as a one-page summary [pdf], but said the suggestions needed more scrutiny.

“The administration is now soliciting comment on the 116 ideas in this report before determining the next steps,” he said.

“Broad consent would be granted for’research areas’ when it is not practical to fully define the aims of collection, use, or disclosure of personal or sensitive information at the point of consent,” the review says.

The change effectively treats consent differently for medical and health research than for commercial purposes.

Also under consideration is an increase of the types of study that qualify for Privacy Act exceptions, but for all researchers to be covered by “a single exemption for research without consent,” with a single set of standards that clearly define expectations.

The government will now hold public consultations on the entire set of ideas until the end of March.

A few amendments to the Privacy Act,

Akshara Krishnan
Akshara Krishnan
Akshara Krishnan is passionate content and copywriter, who is highly interested and competent in the fields of digital marketing and supply chain management. She is an avid reader who enjoys books on self-help and psychology, and actively partakes in classical singing.

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