ABSTRACT
This article critically examines the evolution and limitations of Australia’s privacy law, focusing on the Australian Privacy Principles and the proposed ‘fair and reasonable’ test for the collection, use, and disclosure of personal information. Tracing the history and recent reviews and reforms of the Privacy Act 1988 (Cth), this article examines the gaps between legal requirements and community expectations before turning to unpack the proposed ‘fair and reasonable’ test. This article will detail the background of this proposed test, emphasising the use of objective standards based on necessity, proportionality, and reasonable expectations in relation to personal information handling. This article argues that while the proposed test would not radically alter the regulatory environment for many small-to-medium sized businesses, it will nonetheless elevate and evolve Australia’s system of information privacy laws, addressing many of the information privacy harms in the context of an evolving digital economy.
Joel Lisk and Paul Sigar, What Is Fair And Reasonable? Rethinking Privacy Expectations (2026) 49(2) University of New South Wales Law Journal 452.
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