The Australian Law Reform Commission is in the final stages of preparing its report on proposed changes to the current national privacy laws. The report, originally due to be delivered on March 31 2008, but put back due to the Federal election, is now scheduled to be received on May 30 of this year.

The proposed changes will potentially see a higher level of protection for individuals whilst simultaneously expanding the flow of business information.

One of the most remarkable amendments expected to come out of the report is the individual’s right to sue. This may see businesses, and particularly media organisations, exposed to possible court action for the inappropriate use of individual’s information. The report is expected to deliver an increased responsibility placed on businesses to inform individuals that their personal information has been compromised as a result of the reforms.

It is also expected that the report will include a change in relation to cross-border information transfers, as under the current arrangement, it is difficult to ensure that data being sent overseas has the same protection at its destination as it does under Australian law.

It is anticipated that existing exemptions that are applied to small businesses with less than $3 million in annual sales, as well as not-for-profit organisations, employee records and political parties may also be abolished under the reform. The scrapping of these exemptions could potentially place a huge burden on small businesses that are not financially, and structurally, equipped to seek the relevant advice.

The prospect of having one set of privacy laws across all state, territory and federal jurisdictions should bring some relief.

In summary, the major items under consideration and expected to be addressed in the report, include:

• A single set of nation-wide privacy laws
• Elimination of exemptions for small businesses, not-for-profit organisations, staff records and political parties
• Businesses obligations to inform individuals of personal data compromise
• Simplifying cross-border data transfer
• Possible legal action for misuse of information
• Civil penalties for breaches
• A more comprehensive credit reporting system

Details of the report will be made public once it has been tabled in federal Parliament.