Big tech giants are pushing for the immediate implementation of AI without considering the safety of citizens. This has caused frustration for Australia’s new privacy commissioner, Carly Kind. While Kind is not afraid of an AI future, she is concerned about the rapid pace at which the technology is being used. She believes that it is necessary to take the time to fully understand the implications of AI and pass legislation to prevent its misuse. Kind, who has extensive experience in AI, is frustrated by the sense of urgency surrounding its deployment, which seems to disregard the need for caution.
Kind took on the role of privacy commissioner earlier this year and is the first standalone commissioner after the Albanese government reversed cuts made under the Abbott government. This move was aimed at strengthening the Office of the Australian Information Commission, which oversees privacy, information, and freedom-of-information. The privacy commissioner has the authority to investigate serious privacy breaches, but the threshold for taking legal action is so high that the office has only initiated two civil penalty proceedings against organizations in the past nine years.
Reforms to the Privacy Act, set to be introduced into parliament next month by Attorney-General Mark Dreyfus, will give more power to the Privacy Commission in its efforts to crack down on breaches. Currently, the commissioner can only take legal action in cases of “serious or repeated interference.” However, the new reforms will likely lead to more enforcement actions for non-serious and one-off breaches through low-tier and mid-tier civil penalty provisions. Kind believes that these reforms will enable a more proactive approach to addressing the most serious and harmful privacy violations. While the Privacy Act is based on principles, some parts are outdated and have not kept up with current developments.
Dreyfus agrees with Kind’s assessment and has committed to implementing 38 of the 116 recommendations, agreed in principle to 68, and taken note of 10 recommendations. The specifics of the new bill are still being finalized, but it is expected to include the 38 recommendations that the government has agreed to, such as granting Australians the right to sue for privacy infringements. The remaining recommendations are still under consideration by the government. Small businesses have expressed concerns about the regulatory and financial burdens of complying with privacy regulations. However, Kind believes that good privacy practices are essential for a successful business.
Kind emphasizes the importance of data protection as the first line of defense. If companies do not hold onto data, they cannot lose it. This interview with Kind marks Privacy Awareness Week, with the theme “powering up your privacy.” The goal is to empower individuals with their online privacy rights, even in the digital age of social media.
Kind assumed her role shortly after the Office of the Australian Information Commissioner announced an inquiry into TikTok’s data collection practices. The inquiry aims to determine whether the social media platform, which has been collecting Australians’ data without consent, should be subject to further investigation. Kind states that TikTok has been cooperative in providing information, and the inquiry is a preliminary step before a formal investigation can be launched.
