New privacy laws to protect the personal data of Western Australians

  • New role of Privacy Commissioner to protect the rights of Western Australians
  • Introduction of mandatory data breach notification scheme
  • New Chief Data Officer to promote culture of transparency and safe use of Government-held data

New laws will ensure Western Australians will have more control over their personal data, and improve the delivery of Government services.

The McGowan Government is drafting landmark legislation to reform personal privacy protections and the accountability of information sharing within Government.

In 2019, the Government commenced an extensive consultation process to develop a fit-for-purpose legislative model that is right for WA.

The new legislation will establish the new position of Privacy Commissioner, to protect the rights of Western Australians. Currently, individuals who believe their personal data has been incorrectly handled or shared have no clear pathway for complaint and resolution.

A new mandatory data breach scheme will be implemented, requiring Government agencies to notify the Privacy Commissioner and affected individuals of serious data breaches - including breaches affecting personal information.

The creation of responsible information sharing laws will unlock opportunities for Government and researchers seeking better outcomes in fields including health, education, and planning.

The McGowan Government undertook information sessions and targeted consultation with the general public, community services organisations, health researchers, privacy experts, Aboriginal people and representative organisations, industry, and the WA public sector.

A summary report detailing the consultation process, and a fact sheet regarding the new legislation is available at https://www.wa.gov.au/government/privacy-and-responsible-information-sharing.

State
WA