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ARTICLE · 23 OCTOBER 2016

Re-identification of de-identified government data to be criminalised

As the introduction of the Re-Identification Bill shows, privacy reform remains high on the legislative agenda.

AustraliaPrivacy

In a swift follow up to an announcement on September 28, 2016 by the Commonwealth Attorney-General, a bill has been introduced into the Senate to amend the Privacy Act 1988 (Cth) (Privacy Act) to introduce prohibitions on the re-identification of de-identified government information. A copy of the Privacy Amendment (Re-Identification Offence) Bill 2016 (Cth) (Re-identification Bill) is available here, along with a copy of the explanatory memorandum.

The Re-identification Bill prohibits the re-identification or attempted re-identification of de-identified information released by, or on behalf of, Commonwealth Government agencies, as well as prohibiting the disclosure of any such re-identified personal information. If the Re-identification Bill is passed in its present form, re-identification of previously de-identified government information will be a criminal offence that can incur up to two years in prison or a fine of A$21,600. Alternatively, the same conduct

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