With an unpredictable 2020 coming to a close, it is necessary to take a look at how COVID-19 is predicted to transform legal and regulatory reform going into 2021 and the future.
1. Reshaping Australian privacy legislation
The Privacy Act 1988 (Cth) has come under heat this year due to its antiquated approach to current shifts in digital law. Several consumer groups have pushed for legislative upheaval, aiming to align the Privacy Act with modern practices that mitigate the exploitation of consumers. Similarly, changes in regulatory compliance and new revelations have showcased major pitfalls in the Privacy Act, with the ACCC’s Digital Platforms Inquiry identifying issues with the handling of sensitive data. Improvements must be made in the new year with these issues in mind, to modernise the Australian privacy regime.
2. Digital compliance standards
Over the year, there have been a myriad of crackdowns on businesses and their operation in the digital sphere. Most notably, the Australian Government has initiated the News Media Bargaining Code to compel Google to prioritise national news on its platform. Moreover, companies such as Google and Facebook have been identified as avenues that need to be further regulated to minimise the proliferation of terrorism and cybercrime. Even financial institutions have been identified as unable to appropriately deal with cyberattacks. It is critical that regulatory and legal reform is undertaken to appropriately manage the ways these companies operate and implement measures in place to reinforce cybersecurity and combat cybercrime.
3. International convergence
The final umbrella issue to consider going into the new year is Australia’s interaction with other countries. With the digitalisation of certain practices, Australia must remain in line with international standards. Recently, Australia and Singapore entered into a Digital Economy Agreement, setting new global benchmarks for trade and commerce in the digital economy. Similarly, issues with anti-competitive conduct on the Apple App Store and potentially unlawful surveillance operations at Amazon have showcased Australia at the forefront of recognising digital law issues. It is likely to see Australia pull itself up alongside leaders of digital law regulation, ie. the European Union and the United States, and set an appropriate precedent when further changes are implemented for digital employment, artificial intelligence, and commerce.
Despite COVID-19’s devastating impact on the world, it has demonstrated crucial issues within Australia’s legal and regulatory framework. Ultimately, it is incumbent on Australian officials to acknowledge and overcome these problems and propel legal and regulatory reform in Australian to a new digital age.