Information Privacy and Other Legislation Amendment Bill 2023
Plain English Summary
Overview
This bill modernises Queensland's privacy and information access laws. It introduces mandatory data breach notification for government agencies, creates a single set of Queensland Privacy Principles to replace two existing sets, strengthens the Information Commissioner's enforcement powers, and supports the proactive release of Cabinet documents recommended by the Coaldrake Report.
Who it affects
Everyone whose personal information is held by Queensland government agencies, councils, and universities will benefit from stronger data breach protections and a simpler process for accessing or correcting their information. Government agencies face new compliance obligations including breach notification, data breach registers, and potential inspections.
Key changes
- Government agencies must notify the Information Commissioner and affected individuals when a data breach is likely to cause serious harm, assess breaches within 30 days, and maintain a public data breach register and response policy
- Two sets of privacy principles replaced by a single set of 13 Queensland Privacy Principles, aligned with Commonwealth standards
- All personal information access and amendment applications consolidated under the Right to Information Act, with simpler application requirements and no mandatory approved forms
- Information Commissioner gains own-motion investigation powers and can appoint authorised officers to enter agency premises and inspect data handling systems
- Compensation for privacy breaches through QCAT increased to a maximum of $100,000, with new requirements for complaints to be in writing and made within 12 months
- Criminal Code offence for misusing restricted computers reclassified as a misdemeanour with maximum penalty increased from 2 to 3 years imprisonment
- Cabinet documents can be proactively released under a new administrative scheme, with legal protections to ensure this does not weaken public interest immunity for unreleased information
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee12 Oct 2023 – 28 Nov 2023View Hansard
Referred to Education, Employment and Training Committee
Vote on a motion
Vote on KAP disallowance motion against fisheries regulations restricting Spanish mackerel catch, unrelated to the Information Privacy or Public Records bills; defeated 37-51 with LNP, KAP and PHON in favour, ALP opposed
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (37)
Noes (51)
▸Second Reading28 Nov 2023 – 29 Nov 2023View Hansard
That the amendment be agreed to
The motion passed.
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Ayes (50)
Noes (32)
Vote on a motion
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (50)
Noes (38)
That the motion, as amended, be agreed to
The motion passed.
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Ayes (50)
Noes (32)
▸8 members spoke8 support
Replied to the second reading debate as Attorney-General, addressing concerns raised by members about the time between the 2017 review and the bill's introduction, the interaction with Commonwealth Privacy Act reforms, and the application of mandatory data breach notification to local government.
“Proceeding with Queensland's privacy reforms now ahead of any changes to the Commonwealth Privacy Act will provide an uplift of privacy protections for Queenslanders, moving towards the Commonwealth framework.”— 2023-11-29View Hansard
Stated the LNP will not oppose the bills, focusing primarily on the Public Records Bill and acknowledging the comprehensive effort to modernise Queensland's information management framework.
“As I have mentioned already, the LNP will not oppose the bill as it represents a comprehensive effort to modernise Queensland's information privacy framework.”— 2023-11-28View Hansard
Stated the opposition will not oppose the bill but criticised the government for the lengthy delay in implementing recommendations from the 2017 review report.
“At the outset, I note that the opposition will not be opposing this bill; however, as the committee has highlighted, we will be noting the government's delay.”— 2023-11-28View Hansard
Rose in support of both bills as important pieces of legislation for information governance.
“I rise to speak in support of the Public Records Bill and the Information Privacy and Other Legislation Amendment Bill 2023. These are two very important pieces of legislation.”— 2023-11-28View Hansard
Supported the legislation, raising the importance of information privacy and records management including the proactive release of cabinet documents as recommended by Coaldrake.
“When you raise the issue of what the government says it is going to do with regard to proactive release of cabinet documents, there is an opportunity to put into practice what the government is saying.”— 2023-11-28View Hansard
Supported both bills in the cognate debate, focusing on the importance of modernising information privacy protections.
“I rise to contribute to this cognate debate in support of the Information Privacy and Other Legislation Amendment Bill 2023 and the Public Records Bill 2023.”— 2023-11-28View Hansard
Addressed both bills, criticising the 17-month delay in implementing Coaldrake's recommendation on cabinet document release while supporting the reforms.
“It has been 17 long months since Professor Coaldrake recommended the release of cabinet documents in his report into culture and accountability.”— 2023-11-28View Hansard
Supported the bills, noting they have broad support, while raising concerns about the costs of implementation for smaller regional councils.
“The bill seems to have the support of the House.”— 2023-11-28View Hansard