Queenslanders kept in the dark about state government privacy breaches

Queenslanders are still not being told when their private information is compromised by state government departments two years after the corruption watchdog recommended mandatory reporting.

Queenslanders are still not being told when their private information is compromised by state government departments two years after the corruption watchdog recommended mandatory reporting.

It’s understood the Crime and Corruption Commission’s recommendation, meant to better protect Queenslanders from public servants misusing confidential information, will be raised as the Palaszczuk Government launches a review of privacy and Right to Information laws later this month.

The CCC says it’s concerned about a “worrying trend” in the public sector of improper access and disclosure of confidential information, which can lead to corruption.

It follows the CCC continued focus on the “worrying trend” of improper access and disclosure of confidential information this year and the Office of the Information Commissioner’s (OIC) ongoing calls to legislate the findings of the CCC’s Operation Impala report from February 2020.

The corruption investigation found evidence that misuse of confidential information was significantly under-reported and often went undetected.

Its stalled recommendations include:

– A mandatory scheme notifying people when their data has been breached so they can take action to protect themselves;

– That the OIC be given powers to probe into systemic issues within agencies regarding their mishandling of confidential information;

– That the OIC be able to appear as a friend of the court to assist when people pursue legal recourse following a data breach, like a domestic violence victim applying for the cost of relocating because their address was released and;

– The creation of a new offence of misuse of confidential information by public officers, carrying a jail term of up to 10 years.

Information Commissioner Rachel Rangihaeata said the OIC had raised key issues with the its parliament oversight committee and in its annual report, in which she argues for “stronger” privacy legislation that “remains fit for purpose”.

It says the OIC is readying itself for the implementation of a mandatory disclosure log to replace the current voluntary scheme, despite there being no legislation before parliament.

The push to bolster privacy laws coincides with the OIC’s five-year strategic review, with ongoing complaints from the OIC that funding for additional permanent staff recommended in the 2017 review is still being funded temporarily.

Asked why recommendations had not yet been implemented, Attorney-General Shannon Fentiman said they would soon be considered in a broader context.

Attorney-General Shannon Fentiman (NCA NewsWire / Dan Peled)

“The Review of the Right to Information Act 2009 and Information Privacy Act 2009 also included recommendations that were formed as a result of the Strategic Review and those recommendations are being considered in that context,” she said.

“That’s why we will release a consultation paper seeking Queenslanders’ views about a range of information privacy and Right to Information reforms in the coming weeks.”

Ms Rangihaeata said she looked forward to the strategic review and discussion around “addressing emerging opportunities and challenges”.