Senate debates

Monday, 26 September 2022

Questions without Notice

Online Privacy

2:34 pm

Photo of Sarah HendersonSarah Henderson (Victoria, Liberal Party, Shadow Minister for Communications) Share this | | Hansard source

My question is to the Minister representing the Prime Minister, Senator Farrell. Since July, the opposition has been calling on the government to adopt the coalition's online privacy bill, which reflects the urgent need for greater online privacy protections on social media and other platforms, such as those run by telecommunications companies. What steps has the government taken to prioritise these reforms?

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

FARRELL (—) (): I thank Senator Henderson for her question on this important topic, and, of course, it's got that extra element of importance as a result of the cybersecurity threats that we saw last week and over the weekend with respect to Optus.

I think the starting point for a discussion about this, and I think this is what we've discovered, is how little the previous government did in this space, and that the problems that we've now inherited are problems because we—

Photo of Sarah HendersonSarah Henderson (Victoria, Liberal Party, Shadow Minister for Communications) Share this | | Hansard source

I raise a point of order on relevance. I asked a very specific question: what steps has the government taken to prioritise the reforms in the Online Privacy Bill proposed by the coalition?

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Thank you, Senator Henderson. I don't need the question repeated. I've taken notes of the question. I believe the minister is being relevant. I will continue to listen to make sure the elements of your question are answered.

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

I was trying to explain that the reason that we need legislation in this space is, of course, because the previous government did nothing about it. I noticed Senator Hume's comments over the weekend where she said, 'We don't have policies. We are in opposition, not in government.' I think what is now very clear is not only does the opposition not have policies in opposition, they never had any policies in government.

Photo of Sarah HendersonSarah Henderson (Victoria, Liberal Party, Shadow Minister for Communications) Share this | | Hansard source

A point of order on relevance: I would ask the senator to be relevant to the online privacy bill and whether the government is taking any steps to prioritise these important reforms.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Thank you, Senator Henderson. Minister, I will refer you back to the question that was asked by Senator Henderson.

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

Thank you, President. The Albanese Labor government is committed to protecting Australia's personal information. The rise of the digital platforms and the use of modern technology has created a whole host of new privacy challenges and risks that we saw over the weekend, including the collection and the use of a vast amount of personal information by social media platforms. Australians should have better control over how their personal data is collected and used, and confidence that when they engage with a business or a government agency their data will be protected and not misused. Australia's— (Time expired)

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Henderson, a first supplementary?

2:37 pm

Photo of Sarah HendersonSarah Henderson (Victoria, Liberal Party, Shadow Minister for Communications) Share this | | Hansard source

The Optus cyberattack must surely be a wake-up call about the urgent need of greater online privacy protections. Isn't it the case that the government has been asleep at the wheel on both the need for the online privacy bill and border reforms of the Privacy Act to which the coalition committed when in government?

2:38 pm

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

Senator Henderson, you can't be serious about asking that question. You cannot be serious about asking that question, because for 10 years—for 10 years—including time when were in the lower House, you did nothing about this issue. We find that the issues that occurred last week with Optus have occurred in a set of circumstances where there is no legislative protection based on all of the years—all of the years—you had to deal with it.

We do intend to protect Australians' privacy. We do intend to protect it. I might point out to you, Senator Henderson, that we've only been in government for a few months. You had 10 years. You had 10 long years to—(Time expired)

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Henderson, a second supplementary?

2:39 pm

Photo of Sarah HendersonSarah Henderson (Victoria, Liberal Party, Shadow Minister for Communications) Share this | | Hansard source

As part of the former government's consultation on the online privacy bill, Optus argued that telecommunications companies should be exempt from tougher online privacy laws. More broadly, Telstra and Optus also argued against consumers having the right to erase their personal data. Does the government agree that telecommunications companies should be exempt from tougher online privacy laws?

Honourable se nators interjecting

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

I'm not going to call the minister until there's quiet. Minister.

2:40 pm

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

I doubt whether Optus is running that argument today, but can I say this. The Attorney-General and the Attorney-General's Department have engaged extensively with experts, community organisations, businesses and privacy advocates on his proposed privacy act. The department so far—and I'm happy to provide these to you—has provided two consultation papers, has received 434 submissions and has held a series of round tables. So, I don't think—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Henderson, a point of order?

Photo of Sarah HendersonSarah Henderson (Victoria, Liberal Party, Shadow Minister for Communications) Share this | | Hansard source

On relevance, it was a very specific question that I asked: does the government agree that telecommunications companies should be exempt from tougher online privacy laws?

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Thank you, Senator Henderson. I do believe that the minister is being relevant.

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

I started out my answer by saying that I doubt very much whether Optus is now pursuing that particular argument. Well, I've explained to you all the things the Attorney-General is doing in order to consult with all the relevant organisations. (Time expired)