Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Hansard source

I thank the honourable members for their contributions to the debate on this important bill. The Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 is a priority for the Albanese government and sends a clear message that entities must take privacy, security and data protection seriously. Data breaches have the potential to cause serious financial and emotional harm to Australians.

Increasing penalties for a serious or repeated breach of privacy will incentivise entities to take stronger privacy and cybersecurity measures to protect the personal data that they hold. Setting these penalties at a higher level will accord with Australian community expectations about the importance of protecting their personal data. The maximum penalty, while operating as a statutory cap, does not otherwise constrain the exercise of the court's discretion to impose a penalty which is appropriate to the seriousness of the misconduct and harm or potential harm. This will be complemented by a range of enhanced enforcement powers to equip the Australian Information Commissioner with the tools necessary to take effective and efficient enforcement action where necessary.

Greater information sharing arrangements for privacy and telecommunications regulators will ensure Australians are informed about emerging privacy issues and will ensure these regulators are able to work together to take prompt action to minimise harm to Australians. The bill is an essential part of the government's agenda to ensure Australia's privacy framework is fit for purpose and responds to new challenges in the digital era. I confirm that the government will carefully consider submissions made to the inquiry of the Senate Standing Committee on Legal and Constitutional Affairs, including submissions from business, industry and consumer advocates, and will consider the committee's report and any recommendations made. I also note that a number of submissions have referred to issues which are relevant to the broader review of the Privacy Act being undertaken by my department, which is scheduled to report by the end of the year. This review will inform the government's consideration of further reforms to ensure our privacy law remains fit for purpose and responds to new challenges in the digital era.

This bill is an important and pressing reform that will make sure penalties effectively deter the misuse of Australians' personal data and that will ensure Australia's privacy regulator has the enforcement tools necessary to resolve privacy breaches efficiently and effectively. The bill is a reflection of community expectations and demonstrates the Albanese government's commitment to keeping Australians' data protected. I thank all honourable members of this House for their contributions to the debate and commend the bill to the House.

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