Census Fallout – Proposed Changes to the Privacy Act

Table of Contents

Share at:

In the wake of the privacy concerns over the 2016 Census, Attorney-General George Brandis has proposed changes to the national Privacy Act 1988 (Cth). The legislative change will make it a criminal offence to re-identify anonymised data that has been published by the government.

Privacy is important. If your website needs a privacy policy or you would like your existing privacy policy revised, contact a LawPath consultant. Alternatively, access our ready to use and customisable Privacy Policy.

What does it mean to “re-identify de-identified government data”?

All data that is released by the government is anonymised, so that individuals marked in the data cannot be identified. The proposed reforms mean that it will now be illegal for anyone to link this data back to the individual. Additionally, the changes make it a crime to “counsel, procure, facilitate, or encourage anyone” to re-identify de-identified data. Publishing or communicating “any re-identified dataset” will also be a criminal offence.

How difficult is it to re-identify anonymised data?

Statistical Linkage Keys (SLKs) provide basic anonymity for people participating in large studies for research purposes. The Australian Bureau of Statistics used SLKs to render user data anonymous, allowing personal records such as “John Smith 01/01/90 Male” to be converted into serial numbers like “HIYU010074”. However, privacy concerns arise because there is potential for this de-identified data to be linked back to the individual.

The dilemma

Brandis affirmed that the government’s publication of large amounts of data is vital in enabling researchers to “improve research” and policy makers to “deliver better policies”.

While these amendments seek to further protect the privacy of individuals marked in data released by the government, it is unclear whether these changes will provide enough of a deterrent against malicious hackers. In light of recent data breaches and changes to the 2016 Census, issues of individual privacy and big data remain a primary concern of the government. As Brandis states, “with advances of technology, methods that were sufficient to de-identify data in the past may become susceptible to re-identification in the future.”

Let us know your thoughts on the proposed changes to the Privacy Act by tagging us #lawpath or @lawpath.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

House keys on a ledger page representing a trustee handover

How to Change the Trustee of a Discretionary Trust in Australia (2026 Guide)

Changing the trustee of a discretionary trust may be required for a number of reasons. In this article, we break down how to do so and its affect.

Tips For Contesting A Fine In NSW If You Have Committed A Traffic Offence

Have you committed a traffic offence in NSW? Here are tips for contesting a fine.

How to Start an Investment Partnership

Investment partnerships differ from common business structures, and it is important to understand what you are entering into by choosing such a structure for your business.

Changing Business Structure From Sole Trader To Partnership: A Legal Guide

Expanding your business? Here’s how to change your business structure from a sole trader to a partnership.

Should You Use A Mutual or One-Way NDA? (2026 Update)

As a business owner, it's important to protect your confidential information in every context. Find out the difference between one way and mutual NDAs here.

Resigning During Probation: How Much Notice? (2026 Update)

Resigning during probation in Australia? Find out your legal notice period obligations for full-time, part-time, and casual employees to avoid pay issues.