UN expert urges swift implementation of Privacy Act reforms in Australia

A United Nations expert has voiced strong support for the wide-ranging reforms proposed by the Privacy Act Review, which the Commonwealth Government of Australia is considering but has not yet implemented. Ana Brian Nougrères, the UN Special Rapporteur on the right to privacy, highlighted the potential for these reforms to set a precedent for harmonising privacy laws at the federal and state/territory levels if the government acts decisively.

“Australia’s efforts to update its personal data privacy framework have been a lengthy process, but if prioritized, it could become a good example of cross-jurisdictional harmonization of privacy laws. If the government can muster the political will and seize this moment,” Nougrères said after her 10-day visit to the country, which ended on August 19.

In her closing mission, Nougrères stressed the urgent need to amend Australia’s legal and regulatory privacy framework and adopt a Human Rights Act. She noted that the latter is a priority shared by the National Human Rights Commission, as it would strengthen protective measures and empower citizens to take corrective action for privacy violations.

During her visit, the Special Rapporteur examined privacy issues relating to personal data and health, cybersecurity, surveillance, artificial intelligence and other emerging technologies. She stressed the importance of embracing technological innovation with a human rights-based approach to mitigate risks of accidental misuse and intentional abuse of personal information. She also called for greater digital literacy to empower citizens to better protect their right to privacy.

Nougrères also raised specific concerns about the intersectionality of privacy rights with gender, indigenous peoples, children and the elderly, noting that these vulnerable groups are at increased risk of privacy violations. Such violations, she explained, can lead to alarming trends of discrimination, violence, sexual exploitation, cyberbullying and financial manipulation.

The Expert stressed the importance of awareness, education, cooperation, harmonization and standardization (as set out in General Assembly Resolution A/78/L.49, March 2024), along with the need for robust legal safeguards to ensure accessible remedies for data breaches and privacy violations. She stressed that in an increasingly digital era, flexible and innovative technical solutions are needed to effectively protect privacy rights.

During her visit, the Special Rapporteur met with government officials, national institutions, civil society, academics and lawyers in the Australian Capital Territory, New South Wales, Queensland and Victoria. Nougrères will submit her report on the visit to the Human Rights Council in March 2025.