- This document sets out two separate points by way of supplementary evidence for the International Trade Committee following the oral evidence session on 9 March 2022.
- Future strengthening of Australia’s data protection law — The Committee asked about the likelihood that data protection laws in Australia will be strengthened in the future. Although the outcomes from the forthcoming election are uncertain, the Committee may be interested to know that the current government recently published an exposure draft of a new Online Privacy Bill, and a Discussion Paper on its review of the Privacy Act. The latter is particularly influenced by the UK / EU approach to data protection law.
- Parliamentary scrutiny of UK government adequacy decisions — Parliament has an extremely limited role in the scrutiny of adequacy decisions by the Secretary of State. Adequacy decisions are given effect through Regulations that are subject to the negative resolution procedure. As such, adequacy decisions could be made with Parliament only having sight of the decision after it has been made, and without so much as a vote by Parliament required for the decision to come into effect. Given the importance of meaningful parliamentary scrutiny, the Committee may wish to consider how it could be actively involved in the process before an adequacy decision has been made.