Nick Xenophon acts to axe political data exemption

INDEPENDENT senator Nick Xenophon will introduce a private member's bill to remove exemptions for political parties from the Privacy Act.

Privacy Laws, Senator Nick Xenophon with Natasha Stott Despoja

INDEPENDENT senator Nick Xenophon will introduce a private member's bill to remove exemptions for political parties from the Privacy Act - and the Greens and Tasmanian independent Andrew Wilkie have indicated they will support the legislation.

Senator Xenophon said yesterday an overhaul of the rules of privacy that applied to politicians was necessary.

"I don't agree with the push where some are using the reform of privacy laws to muzzle the media," Senator Xenophon said. "This is about removing a rort of an exemption for political parties."

Political parties can - and the major ones do - operate sophisticated voter-tracking software that compiles information about voters without their consent.

Political parties are exempted from privacy laws that would otherwise render this practice illegal. The public has no right of access to the information, and no way of knowing what information is contained on the databases about them or even how accurate it is.

"It is anomalous that political parties are exempt from rules that apply to the rest of us," Senator Xenophon said.

Mr Wilkie said yesterday he strongly supported his fellow independent's move.

"It strikes me as extraordinary that the exemption exists," Mr Wilkie said.

News of the proposed Xenophon bill came as Privacy Commissioner Timothy Pilgrim told The Australian yesterday he believed an Australian Law Reform Commission recommendation to remove the exemption given to political parties should be considered, echoing comments made at the weekend by former privacy commissioner Malcolm Crompton, who opposed the exemptions when they were first legislated in 2000. "It's appropriate to consider these exemptions as part of the reform process," Mr Pilgrim said.

He said other exemptions for the media and small businesses should be also examined. Senator Xenophon's bill, to be introduced when parliament resumes next month, picks up where Natasha Stott Despoja left off. The former Democrats senator and leader made multiple attempts to remove the political parties' exemption from privacy laws during her time in parliament, but was blocked each time by the major parties voting together.

In 2000 when the Private Sector Amendment Bill was passed into law, the Democrats tried unsuccessfully to have the political party exception removed. They tried again in 2004, initiating a Senate inquiry into privacy.

"I am pleased that Nick is reintroducing my private senator's bill, which removes the exemption of political acts and practices from the Privacy Act," Ms Stott Despoja said yesterday. "I tried many times over many years without support from the major parties to address this issue. It would be great to see this undemocratic, invasive and hypocritical exemption removed."

She said the bill would be a test for all parties, "not only to demonstrate their commitment to greater privacy in Australia, but to reveal their current practices in relation to data collection, specifically their provision for consent".

A spokesman for Bob Brown confirmed that the Greens leader had supported Ms Stott Despoja's attempts at amendments, and the Greens would do so again this time, assuming Senator Xenophon's bill was similarly presented.

While the major parties have successfully united to oppose any changes to the Privacy Act, the new parliamentary paradigm - and the Greens' influence as an alliance partner with the government - may give Senator Xenophon's attempt at reform a greater chance of success.

The government has shown interest in reforming privacy laws as they relate to the media, citing the recommendations of an Australian Law Reform Commission report in 2008. That report recommended the privacy exemption for political parties be removed. A spokeswoman for the Minister for Privacy, Brendan O'Connor, said the government had responded to the bulk of the ALRC's 295 recommendations on improving the privacy framework in Australia.

"We are considering our response to the remaining 98 recommendations, including a recommendation that political parties are no longer exempt from the Privacy Act," she said.

Bronwyn Bishop, who has responsibility for Coalition policy in this area, indicated it was unlikely the opposition would support removing the political exemption to privacy laws, citing "the principle that there is a freedom of political expression".

In addition to amending the Privacy Act, Senator Xenophon wants to amend the Electoral Act to include a "do not contact" register on the electoral roll, similar to the "do not call" register that prevents political parties and independent members of parliament from being provided with electronic information on voters who "opt out". At present, all lower and upper house MPs get electronic copies of the electoral roll, updated every month, which include the names, addresses, dates of birth and occupations of all voters.

Mr Wilkie said he would also support a "do not contact" register.