peteraclarke.com.au - Peter A Clarke - Commercial Law, Privacy Law, Defamation, Legal Analysis, Barrister

Description: Commercial Law, Privacy Law, Defamation, Legal Analysis, Barrister

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June 4, 2023

The Attorney General’s Report on the Privacy Act review considers the status of the of the journalistic exemption at chapter 9.  Unlike the small business exemption and the business records exemption the exemption for journalism has a strong public policy basis.  Notwithstanding the media being involved in very serious privacy breaches over the years there has always been an acknowledgment that that there should be some form of exemption.  The Report did not alter the core of the exemption but proposes brin

There was never likely to be a significant change to the way in which the Privacy Act dealt with the journalism exemption.  In 2008 the Australian Law Reform Commission did not recommend a change to the exemption.  That does not mean that the current regime is without flaws and problems which will continue after the Act is amended. 

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