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

How to Set Up a Family Trust (2026 Update)

Complete guide on setting up a family trust in Australia. Covers the step-by-step process, choosing a trustee, tax rules, benefits for asset protection, and costs.

What Does Commercial in Confidence Mean? (2026 Update)

'Commercial in confidence' is information which is disclosed on the assumption of confidentiality. Find out more in this article.

How To Issue Shares In A Private Company

Have you ever wondered how to issue shares in a private company? Read this article if you want to learn how.

13 Lawpath Documents Provided Upon Company Registration

Find out in this guide the 13 documents that you will receive upon company registration with Lawpath, and what each of them do.

When Will My Business Need to Apply for a Contractor Licence?

Doing some tradework and not sure if you need a licence? A contractor licence is often a must. Click this article to find out more.

When Can Cases Be Adjourned in Court?

Unsure what happens when cases are adjourned? This article discusses situations when cases can be adjourned as well as the benefits of doing so.