bckgound

About

This site contains multiple financial and political transparency projects and the articles they have inspired.

Meetings

Find out who's meeting who with NSW Ministerial diaries data

Interests

Search the register for potential conflicts of interest and which politicians own property near you

Political Donations

See tax paid by top-earning corps, relavent gifts, shares & tenders

Tenders

Find out who gets the biggest tenders & which countries supply the govt

Charities

Find out which charities receive the most in donations and where they operate

[31] ALL

[8] Privacy

[5] Charities

[3] Interests

[3] Security

[2] Thinktanks

[2] Budget

[1] Tax

[1] Whistleblowing

[1] Welfare

[1] Political Donations

[1] Open Government Partnership

[1] Racism

[1] Housing

[1] Immigration

CENSUSFAIL: WHY IT HAPPENED AND WHAT IT MEANS NOW
7th Sep 2019
Rosie Williams

The dialectical relationship between the Australian census and privacy legislation is about to take another turn.



The National Data Commissioner has opened the proposed Data Sharing and Release legislation for consultation again in preparation to proceed with bringing it before parliament in mid 2020.

The legislation was last opened for comment a year ago and I wrote a lengthy ariticle of the role of the 2016 census in the re-purposing of administrative data for research. The article has now been republished in Innovation Australia where it is bound to garner some blowback.

Given that there are quite powerful interests with an investment in re-using our administrative data for purposes other than those for which we have supplied it (ie to access government services), I thought it worth republishing my original submission so that people can judge for themselves the quality of my research.


The last census was incredibly controversial for reasons that have not been well articluted by the media. The bulk of the media only really came on board in great numbers when the census site went down and caught the attention of the entire country but the privacy sector had been running a campaign for months prior to this event.

My submission to the Parliamentary Inquiry that followed the debacle was effectively a research project that included the results (and data) for an online survey that drew over 500 responses from the public. The survey focused on people's experiences with the 2016 census and their feelings around the de-anonymisation of that survey.

However, as the submission elaborates, while it took till 2016 for the government to find an ABS Head willing to de-anonymise the census, this was far from the first time an Australian government had tried. All previous attempts had failed in the face of massive public backlash.

In fact, the formation of Commonwealth privacy legislation in Australia is directly intertwined with past attempts to de-anonymise the census.

It was as a result of the protests of the 1970's censuses, the government formed the Australian Law Reform Commission to inquire into the balance between the collection and storage of personal information in Australian censuses and the right of the individual to privacy:

The ALRC received a wide-ranging reference on privacy from the federal Attorney-General in April 1976. At the same time, public controversy arose in relation to certain aspects of the census to be held on 30 June 1976, therefore, the Attorney-General requested that the implications of the census for individual privacy be taken into account in the Commission's general reference. The ALRC released a discussion paper Privacy and the Census (ALRC DP 8) in 1978 and its first report, Privacy and the Census (ALRC Report 12), was tabled in federal Parliament in November 1979. (Quote from the ALRC website.)

My submission traces this history back over four decades, placing the current state of affairs in an historical context of previously failed attempts through government documents and media stories of prior events reminiscent of those which occurred in 2016.

Far from being dismissed, my submission was cited twice in the Final Report to the Inquiry and received many endorsements, including from the former Head of the ABS, Bill McLennan who wrote this in his own submission to the Inquiry:

I was impressed by the #Censusfail submission to this Committee. It very clearly showed some good analysis that would have helped the ABS to run a better Census if it had done such research before developing the Census proposal. It also saved me from explaining the current thrust in government with the Government Data Linkage Project, and its likely links to the Census.

Despite the Parliamentary Inquiry in 2016, the government's advice on the legality of using personal information supplied with the 2016 census for purposes other than statistics was accepted but the government can not continue it's plan to integrate our administrative data to supply as research data without introducing a new law to make it legal. This law is The Data Sharing and Release Act.

The ABS would like you to know that it disagrees with this interpretation (which is based on arguments from former Heads of the ABS). Kanchan Dutt, Director, Transformation, Internal and Media Communications wrote to me earlier in the year in response to my article on the vulnerability exposed in ABS TableBuilder, claiming that:

Finally, the Data Sharing and Release Act will not override the Privacy Act. Any disclosure of personal information or personal which is authorised or required under Australian law meets the requirements of the Privacy Act and the Australian Privacy Principles by virtue of the condition in Australian Privacy Principle 6 that the disclosure of information is authorised or required by another Australian law.

It appears to be the argument of the ABS, that given the Data Sharing and Relase Act will authorise the integration and access to administrative data that the Privacy Act 1988 allows this under Australian Privacy Principle 6 which allows disclosure where it is 'required or authorised by Australian law'.

To me this is nothing but a circular argument and underlines that this integration is not legally defensible without the new legislation but I'll let you make up your own mind.


The #CensusFail Submission



Disclaimer: Different versions supplied as is and with no representations as to the usability on different devices.

The submission was originally published also in HTML form on a domain of mine that has been removed due to lack of funds. If you would like to support my work please check out my Patreon page.




Articles matching 'Privacy'


Privacy
THE DATA SHARING AND RELEASE ACT IS COMING FOR YOUR DATA

Published by Innovation Australia on 4th Sep 2019

This article explains what motivated me to get behind the #CensusFail campaign against the 2016 census. The article explains the history of the governance of administrative data and the changes I saw taking place to allow our data held by government agencies to be linked together into data integration projects to be shared with research and commercial interests.

Privacy
WE ARE ALL SPECIAL SNOWFLAKES AND WHY IT MATTERS

Published by me on 28th Mar 2019

Macquarie university researcher responds to ABS TableBuilder claims.

Privacy
LIBERAL PARTY HARNESSES I360 BIG DATA IN TIME FOR 2019 FEDERAL ELECTION

Published by Independent Australia on 31st Oct 2018

The Koch brothers’ i360 data service is now being used by the Liberal Party of Australia. This article looks at the history of the organisation and the implications for our privacy and democracy.

Privacy
DON’T BE THE NEXT BUSINESS TO FALL VICTIM TO A DATA BREACH

Published by Iron Bastion on 24th Oct 2018

What is the difference between spam and phishing and why does it matter?

Privacy
PRIVACY, MEDIA AND POLITICS: WHAT ARE OUR RIGHTS?

Published by Independent Australia on 7th Oct 2018

This article looks at the potential for collusion between the media and political parties, neither of which are covered by the Privacy Act.

Privacy
TAKING OVER THE CORPORATE REGULATORS ONE IPA APPOINTMENT AT A TIME

Published by Independent Australia on 7th Sep 2018

The Office of the Australian Information Commissioner is the independent Commonwealth authority charged with governing access to government information and organisations that fall under the Privacy Act. This article traces the early years of the OAIC as it weathers attempts to abolish the office by the Abbott Government.

Privacy
DECONSTRUCTING THE DEMOCRACY SAUSAGE

Published by Independent Australia on 3rd Sep 2018

This article looks at the privacy and security issues like to arise with attempts to move election voting online or through the use of voting machines.

[31] ALL

[8] Privacy

[5] Charities

[3] Interests

[3] Security

[2] Thinktanks

[2] Budget

[1] Tax

[1] Whistleblowing

[1] Welfare

[1] Political Donations

[1] Open Government Partnership

[1] Racism

[1] Housing

[1] Immigration

Currently displaying all topics. Use the search box to filter by key words.

";

[31] ALL

8] Privacy

5] Charities

3] Interests

3] Security

2] Thinktanks

2] Budget

1] Tax

1] Whistleblowing

1] Welfare

1] Political Donations

1] Open Government Partnership

1] Racism

1] Housing

1] Immigration