This piece was authored by EFA John Pane, Chair of Electronic Frontiers Australia.
Care about digital rights? We certainly do. Enrolled to vote? We hope so! In the below Federal Election Scorecard, EFA reviews Australia’s three major national parties to see how they have performed in the current parliament on select digital rights issues that matter to us and have a material impact on our society.
Electronic Frontiers Australia hopes that this Election Scorecard will help inform Australians on how the major political parties have supported or blocked digital rights over the past three years. It is a targeted analysis of the major parties only. We recognise the limitations of this, but to keep things simple, we have assessed how each of the major parties have voted on six particular bills over the past three years and how they measure up to EFA’s various digital rights positions.
We hope it helps you make an informed decision at the ballot box.
Here are the six bills we reviewed:
1. Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022
The Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 aimed to increase the penalties for serious privacy breaches and enhance the enforcement powers of the Australian Information Commissioner (OAIC). Additionally, the bill expanded the extraterritorial reach of the Privacy Act.
EFA Position:
2. Privacy and Other Legislation Amendment Bill 2024
The Privacy and Other Legislation Amendment Bill 2024 introduced several significant changes to Australia’s privacy landscape. These included the establishment of a statutory tort for serious invasions of privacy, the creation of a Children’s Online Privacy Code, the enhancement of transparency requirements for automated decision-making, the facilitation of data sharing in emergency situations, the expansion of the OAIC’s powers, and the imposition of more stringent limitations on cross-border data transfers.
Special Note: Tranche II of the Privacy Act reform, containing significant advancements for data privacy rights, is gathering dust somewhere with no clear commitment from the government on its implementation. Based on past EFA Electoral Scorecards we predict that if the Liberal–National Coalition gets voted in, they will take the scalpel to the Privacy Act reform package and push back privacy rights and reform to a turn of the century position.
EFA Position:
3. Digital ID Bill 2024 and Digital ID (Transitional and Consequential Provisions) Bill 2023
The Digital ID Bill 2024 and the Digital ID (Transitional and Consequential Provisions) Bill 2023 together established a voluntary accreditation scheme for digital ID service providers, expanded the Australian Government Digital ID System (AGDIS), and aimed to create a framework with privacy safeguards and governance arrangements for a national digital identity system
EFA Position:
4. Identity Verification Services Bill 2023 and Identity Verification Services (Consequential Amendments) Bill 2023
The Identity Verification Services Bill 2023 and the Identity Verification Services (Consequential Amendments) Bill 2023 established a legislative framework for existing identity verification services, such as the Document Verification Service (DVS) and the Face Verification Service (FVS). The stated aims of these bills were to enhance the security and privacy protections for these services, which are utilized by both government agencies and private sector entities.
Special Note: This was the Australian Labor Party’s revamped version of the Coalition’s controversial Identity Matching Services Bill 2019, which was so strongly criticised that it was sent back to the drawing board by the Parliamentary Joint Committee on Intelligence and Security due to concerns about the lack of privacy protections and the ability to enable mass surveillance.
While EFA did not make any significant representations on this bill, our policy position from the Identity Matching Service Bill 2019 remains relevant as persistent themes of the potential for government surveillance, its intrusiveness and cyber/data breach risk remain. See below.
EFA Position:
5. Online Safety Amendment (Social Media Minimum Age) Bill 2024
The Online Safety Amendment (Social Media Minimum Age) Bill 2024 established a minimum age of 16 for social media use in Australia. The bill imposes an obligation on providers of age-restricted social media platforms to take reasonable steps to prevent individuals under the age of 16 from creating or holding an account.
Special Note: The way the Albanese government (and the LNP) rammed this Bill through the parliament in its last sitting week and allowing only a couple of days for consultation and feedback was both grotesque and an abuse of democratic process. This is made more concerning because some of the submissions and research used to support the bill are still in their formative stages and subject to dispute, oppositional science and research.
EFA Position:
6. Telecommunications (Interception and Access) Amendment Bill 2023:
The Telecommunications (Interception and Access) Amendment Bill 2023 primarily aimed to enhance the Director-General of Security’s ability to communicate foreign intelligence information to additional parties beyond those initially permitted under the Telecommunications (Interception and Access) Act 1979.
The bill’s key functions included expanding the communication and sharing of foreign intelligence to more entities subject to the approval of the Attorney-General and permitting recipients of the foreign intelligence to further share, use, and record the information “as necessary”.
Special Note: This bill, despite the gravity and seriousness of its purpose, was pushed through parliament in two days and provided no opportunity for civil society consultation or input. The creeping surveillance state in Australia continues to move forward.
EFA Position:
While EFA did not make a submission on this Bill, EFA has historically held strong concerns regarding the widening of information collection and sharing powers between government agencies and other bodies for surveillance and related purposes, especially in less than transparent circumstances.
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The fight for digital rights is a fight we can’t afford to lose. Today, human rights are digital rights.
If we don’t fight for digital rights now, they could vanish from the political agenda entirely. Please support EFA reaching the people making decisions about your digital future.
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