Scrutiny of Acts and Regulations Committee
Privacy Code of Conduct for Members of the Victorian
Parliament
Final Report, March 2002
Chair's Introduction
In this turn of the century period the world
is rapidly changing, with information at the core of the changes. Information
and communication technologies are becoming more and more powerful.
With data now so easy to store and manipulate,
privacy and data protection are increasingly important concerns. So a
Privacy Code is has been drafted for Parliamentarians in the Victorian
Parliament. It is being developed by the Information Privacy Subcommittee
of the Scrutiny of Acts and Regulations Committee. This Privacy Code –
if adopted - will be the first of its kind in Australia.
One of the key questions is who should the
Code cover. If we look at other similar codes we find that the Victorian
Health Records Act 2001 applies to all Parliamentarians, however
the Information Privacy Act 2000 binds only Ministers and Parliamentary
Secretaries, leaving ordinary Members exempt.
In the work of the Subcommittee it was soon
established that MPs value and treat sensitive data like gold dust and
protect it. Many MPs hold extensive databases with information from electoral
rolls and they add more data on constituents.
Many MPs are concerned that a Privacy Code
might disadvantage them in their daily work. Many accept the need for
a Code, but are concerned about the nuts and bolts of its implementation.
Others are concerned that it might weaken their use of databases for campaigning,
or that it may conflict with their immunity to disclose personal information
in the course of a Parliamentary proceeding.
A Code has been developed and includes the
right of Parliament to set standards of conduct and behaviour. The Code
does not interfere with Parliamentary Privilege, which already encompasses
both immunities and powers.
Another central issue here is paving the
way for the emerging changes information technology could make to our
political systems - what is known as e-democracy.
E-democracy offers exciting potential for
increased understanding and participation in the political process by
ordinary citizens.
As a minimum, e-democracy demands that citizens
have the right to interact with their representatives to affect the development
and implementation of public policy. Democratic processes break down if
this pathway is not kept open. For this path to stay open, citizens must
be confident that their representatives can be trusted and that information
they gather in their interaction is protected.
If this protection fails, if confidence
in this interaction is undermined, then the democratic process will also
be undermined.
Carlo Carli MP
Chair
Information Privacy Subcommittee
Scrutiny
of Acts and Regulations Committee
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