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

Home office — the changing face of small business in Australia

The changing face of small business in Australia

Australia has 2.8 million trading businesses, and solo operators drove almost all of last year's growth. See which industries and places are leading.

How to Start a Small-Scale Mining Business: Essential Legal, Financial, and Operational Steps

Our guide on how to start a small mining business in Australia can help you capitalise on your skills.

How To Fire An Independent Contractor (2026 Update)

Have you hired an independent contractor and aren't happy with how things are going? Learn more about the legal avenues available to you.

How to Find Your ABN (2026 Update)

Your ABN is your business's key identifier. But what happens if you misplace it? Read to find out more.

How Often Should Employees Have Performance Reviews?

Performance reviews are a popular method of measuring and evaluating an employees' capability. So how often should you conduct performance reviews?

How Many Shareholders Can a Private Company Have?

Is there a limit on the number of shareholders your private company can have? Read more to find out about shareholders in private companies.