Recent publications by law reform bodies worldwide

• Author: Thomas Hickey - Sharon McLaughlin
• Position: B.C.L. (NUI, Galway), LL.M. (Cambridge), Ph.D. Candidate (NUI, Galway) - B.A., LL.B., LL.M. (NUI, Galway), Ph.D. Candidate (NUI, Galway)
• Pages: 239-266

2007] Law Reform Update 239

RECENT PUBLICATIONS BY LAW REFORM

BODIES WORLDWIDE

COMPILED BY

THOMAS HICKEY∗ & SHARON McLAUGHLIN†

A. Australia

Review of Australian Privacy Law

Discussion Paper (DP 72)

September 2007

http://www.austlii.edu.au/au/other/alrc/publications/dp/72/

On 12 September 2007, the Australian Law Reform

Commission (ALRC) released Discussion Paper 72, Review of

Australian Privacy Law. This Paper advances a blueprint for the

consolidation of Australia’s privacy laws and practices which, at

present, consist of a complex amalgam of principles and

guidelines. Private organisations and government agencies allude

to different principles under the federal Privacy Act, 1988 and

each state and territory has its own privacy laws or guidelines. In

addition, some states and territories have separate legislation on

privacy in the context of health. This Paper makes a total of 301

proposals for reform of the law in this area.

The Commission proposes a single set of privacy

principles for information-handling across all sectors, and all

levels of government. It is contended that a single set of privacy

principles will simplify the system, making it easier for

individuals to identify and understand their rights, and also make

it less financially burdensome for organisations to comply with

the system. The Commission proposes that government agencies

or companies who transfer personal information overseas without

consent should remain responsible for any breach of privacy that

occurs as a consequence of the transfer. The Commission also

proposes a new system of data breach notification: where there is

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∗ B.C.L. (NUI, Galway), LL.M. (Cambridge), Ph.D. Candidate (NUI, Galway).

† B.A., LL.B., LL.M. (NUI, Galway), Ph.D. Candidate (NUI, Galway).

Judicial Studies Institute Journal [2007:2

240

a “real risk of serious harm” to an individual arising from

unauthorised access to his information, the Commission proposes

that the individual be notified of such a risk.

The Commission calls for the removal of the exemption

for political parties from the Privacy Act, the introduction of a

new statutory cause of action where an individual’s reasonable

expectation of privacy has been breached and the abolition of the

fee for “silent” telephone numbers. Other proposals for reform

include the expansion of the enforcement powers of the Privacy

Commissioner, the imposition of civil penalties for serious

breaches of the Act and the introduction of a more

comprehensive system of credit reporting. The ALRC is

currently seeking community feedback on these proposals. It is

intended to complete a final report and recommendations by

March 2008. Submissions close on 7 December 2007.

B. British Columbia

Report on the Parental Support Obligation in Section 90 of

the Family Relations Act

BCLI Report No. 48

March 2007

http://www.bcli.org/pages/projects/parentalsupport/Parental_Supp

ort_FRA_section_90_Report.pdf

This Report recommends repeal of Section 90 of the

Family Relations Act – a provision that requires adult children to

support their dependent parents in their old age – which, in the

view of the Commission, has outlived its usefulness. While such

repeal may not be of great urgency at present, demographic trends

would suggest that Section 90 will be availed of more regularly –

with all of the concerns that that may entail – in the near future.

Section 90 has its origins in government policy in the 1920s and

30s where the State wished to reduce the burden of social

assistance. It is contended that the present legislation simply leads

to frustration on the part of dependant parents in their old age, on

their families and on the court system.

Among the chief arguments against Section 90 is that

parental support laws are less efficient than direct state support of