Draft data protection legislation unveiled

The State Government has unveiled the exposure drafts of the Data Protection Bill and Electronic Commerce Framework Bill, which will be the first such legislation of its kind in Australia.

The legislation will be introduced to Parliament next year to provide legal standards for electronic commerce transactions.

The Bills are available for public consultation from December 4 and can be obtained online at www.stockdale.vic.gov.au, www.mmv.vic.gov.au, or Information Victoria at www.information.vic.gov.au, or by calling Multimedia Victoria on (03) 9651 9868.

To administer the Act, the Victorian Government will appoint a Privacy Commissioner who will work closely with the Federal Privacy Commissioner to ensure a consistent national approach is taken on data protection issues.

The Minister for Information Technology, Mr. Stockdale, said the Bill encouraged self-regulation. It would establish a default legislative scheme that would promote the development of voluntary privacy codes, to be approved by the Privacy Commissioner.

The Minister said the release of the exposure Bills was the result of a wide-ranging process which has involved privacy experts, business groups, government representatives and consumer advocates. An extensive consultation process has also drawn on two discussion papers regarding the proposed legislation.

Mr. Stockdale said surveys around the world have shown that one of the main inhibitors to conducting transactions on the Internet is consumer concerns about the misuse of personal information.

"...Consumers and the business community must feel confident that their personal details are secure and information is private. The underlying privacy principle of the legislation is that information can only be used for the purpose for which it was collected.

"The Bill will provide minimum standards for the retention of documents in electronic form such as contracts and deal with computer crimes such as hacking and online fraud," Mr. Stockdale said.

"The Data Protection Bill will protect the privacy of personal information handled by Victorian-based organisations and personal information handled in Victoria by business, government and other organisations.

Whilst Victoria has taken the initiative to act quickly on this important issue, a national approach to data protection remains Victoria's preferred option.

"If the Commonwealth decides to introduce suitable legislation, our State will offer its full support, indeed the Victorian legislation could be seen as a starting point for the creation of national legislation.

"The Victorian Government will continue to work closely with other States and the Commonwealth as this landmark draft legislation is considered."

The Data Protection Bill aims to implement the National Principles for the Fair Handling of Personal Information, as developed by the Federal Privacy Commissioner, to provide a uniform balance between the protection of information privacy and the free flow of information.

The closing date for submissions is mid-February 1999.  Submissions and comments can be sent to Multimedia Victoria, 55 Collins Street, Melbourne 3000.

(News Release, Minister for Information Technology and Multimedia, December 1, 1998)