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

A Guide to NES: The 11 Employment Entitlements

Understanding an employers obligations under NES is extremely important. Read on for more about NES: The 11 Employment Entitlements.

What’s the Difference Between Redundancy and Severance Pay?

Upon termination employees are often entitled to different forms of compensation. Here we discuss two of them - redundancy and severance pay.

Contractor Versus Subcontractor: What’s the Difference? (2026 Update)

As a business owner, it's likely you'll have to hire a contractor and subcontractor at some point. Read this guide to find out what they are.

Garden Leave: Advantages and Disadvantages

Wondering if you should have a garden leave clause in your employment contract? Check out the advantages and disadvantages of garden leave.

What is Long Service Leave in Western Australia?

Long Service Leave in Western Australia may have different requirements to other Australian jurisdictions.

What Is Long Service Leave in New South Wales?

Long service leave entitlements vary depending on which state you work in. Learn more about entitlements to long service leave (NSW) here.