In December 2019, the Attorney-General announced that the Australian Government would conduct a review (the Review) of the Privacy Act 1988 (Cth) (the Privacy Act). The Review aimed to investigate the effectiveness of Australia’s current data protection regime to ensure it “empower[s] consumers, protect[s] their data and best serve[s] the Australian economy”. Since then, the Attorney-General has published an Issues Paper in October 2020 (the Issues Paper) and a Discussion Paper in October 2021 (the Discussion Paper) and conducted several rounds of public consultations. This series from Gilbert + Tobin’s Technology + IP team will guide you through the key issues that have been raised by the Review.
The Privacy Act ‘employee records’ exemption allows Australian private sector employers to avoid the application of the Australian Privacy Principles for large swathes of personal information they hold about their employees. The Discussion Paper has identified this exemption as a potential area for reform.
Background: Existing Regime
Under the Privacy Act, an employer’s dealings with personal information is exempt from the Australian Privacy Principles if their act or practice is directly related to:
What is an ‘employee record’?
The Privacy Act contains a definition of “employee record” – a record of personal...
It’s over now, but something has to be said. It’s over. The strange saga of Lieutenant Governor Dale Caldwell that was kept from the public until NJ Globe’s David Wildstein broke the story. For mo...