#113 The small business exemption – sensible carve-out or privacy blackspot?

This week, Arj is joined by elevenM colleague Jonathan Gadir to discuss the small business exemption to the Privacy Act.

The exemption means that businesses with an annual turnover of $3 million or less are generally exempt from complying with the Act.

We explore the pros and cons of the exemption, and whether the government is is likely to remove the exemption as part of current reforms to the Privacy Act (as has been proposed).

Links:
OAIC fact sheet ⁠https://www.oaic.gov.au/privacy/privacy-guidance-for-organisations-and-government-agencies/organisations/small-business⁠
Mass hack exposes ‘gaping’ hole in small business privacy ⁠https://www.innovationaus.com/mass-hack-exposes-gaping-hole-in-small-business-privacy/⁠
Australian Chamber of Commerce and Industry submission opposing change⁠ https://consultations.ag.gov.au/integrity/privacy-act-review-report/consultation/view_respondent?_b_index=360&uuId=753662860⁠
Small business owner % in marginal seats https://www.cosboa.org.au/post/2019/05/02/small-business-people-are-voters-too
Australian Small Business and Family Enterprise Ombudsman oped on small business exemption https://www.asbfeo.gov.au/media-centre/media-releases/small-businesses-cant-be-held-same-privacy-standards
Real estate agents privacy practices https://www.theguardian.com/australia-news/2023/may/19/real-estate-agents-push-back-against-australian-privacy-law-changes-designed-to-protect-personal-data