Australian Privacy Law Updates – Proposed Enhancements to Regulatory Investigation and Enforcement Powers

cross-posted from: https://community.nicfab.it/post/20886

Key points

• New legislation (called the Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 (Cth) (the New Australian Privacy Laws) was introduced into the Australian Federal Parliament on 26 October 2022 and passed both Houses of Parliament two days later. The New Australian Privacy Laws enact significant changes to the Australian Privacy Act 1988 (Cth) (the Act). Partner, Robyn Chatwood and solicitor, Malcolm Liu explain the implications below.
• Companies in breach of the Australian Privacy Act now face maximum penalties that are the greater of:
  • $50 million AUD;
  • Three (3) times the value of the benefit derived by the company from the breach; or
  • 30% of the company’s adjusted turnover (if the value of the benefit cannot be derived)
• The Office of the Australian Information Commissioner can require a person or company to provide information or documents and answer questions, and has the power to issue infringement notices on those that fail to comply.
• So long as foreign entities carry on business within Australia, they will be within the ambit of the Privacy Act - there will be no longer be a threshold for foreign entities to hold or collect personal information within Australia before the Australian Privacy Act applies to their activities.