Stronger Privacy Laws Signal a New Era for Western Australia
A seismic shift in the way Western Australia safeguards personal information is on the horizon. The Privacy and Responsible Information Sharing Act 2024 (PRIS Act), together with the Information Commissioner Act 2024, will soon provide Western Australians with unprecedented control over their personal data while ensuring that government information is shared safely and securely. Set to come into effect on 1 July 2026—with an information breach notification scheme rolling out on 1 January 2027—this package of legislation is being hailed as a landmark reform for the State.
A Fresh Regulatory Framework
At the heart of the reform is the establishment of an independent Information Commissioner. Appointed to lead the new privacy framework is Annelies Moens, a recognised expert in privacy and technology. Moens will officially commence her duties on 28 July 2025, giving periods of transition and preparation for public sector agencies to comply with new standards. In addition to her role, the new framework also creates posts for a Privacy Deputy Commissioner and an Information Access Deputy Commissioner. Together, these officers wield robust powers including the authority to investigate and resolve privacy complaints, ensuring that any breaches or misuse of personal data can be swiftly addressed.
Strengthening the Balance Between Privacy and Information Sharing
The legislation not only prioritises individual privacy but also enables responsible sharing of government data. One key element is the creation of a Chief Data Officer position. This role is tasked with leading public sector capability in managing and sharing data securely, ensuring the system aligns with international best practices. The Chief Data Officer will work alongside the new commissioners to ensure that government agencies maintain the delicate balance between transparency and privacy protection.
Empowering Aboriginal Community Controlled Organisations
A notable and forward-thinking aspect of the new laws is the empowerment of Aboriginal Community Controlled Organisations (ACCOs). In line with the National Agreement on Closing the Gap, these reforms allow ACCOs greater access to government-held data. This access is expected to enhance the capacity of Aboriginal communities to use data in a manner that improves outcomes in health, education, and urban planning. For many in these communities, it is a vital step towards self-determination and better-informed decision-making, underpinning broader efforts to close longstanding gaps in services and opportunities.
Benchmarking Best Practices
Western Australia’s new privacy framework has been described as the first of its kind in Australia. In contrast to some other jurisdictions which rely on a patchwork of sector-specific privacy protections, the combined PRIS Act and Information Commissioner Act 2024 present an integrated approach. This model is in step with international trends where privacy protection and data sharing are increasingly seen as two sides of the same coin. By setting out clear guidelines for automated decision-making and the protection of de-identified information, the new laws position WA as a potential leader in privacy protection in the region.
Government Voices and Reassurances
Attorney General Dr Tony Buti has emphasised the enhanced importance of privacy in an age where technology, such as artificial intelligence, is deeply woven into everyday life. “Privacy protections are becoming more important than ever as technology becomes increasingly integrated into our everyday lives,” he said. “The new laws position our State as a privacy leader in Australia, introducing unique protections around automated decision-making and protecting de-identified information. The government is committed to protecting the personal information of all Western Australians and the new independent privacy regulator will guarantee ongoing compliance.”
Science and Innovation Minister Stephen Dawson also highlighted the benefits of the legislation. “This legislation balances the public interests in protecting privacy with the safe flow of government data,” Dawson commented. “Enabling the sharing of government-held information with Aboriginal Community Controlled Organisations is a vital step toward Aboriginal people accessing and using data for their needs. These new laws will unlock valuable information to improve outcomes in health, education and planning, while upholding the highest standards of privacy and responsible data sharing.”
Historical and Policy Context
For decades, Western Australia has operated under a fragmented framework of privacy regulations, often leaving state agencies to rely on limited sector-specific laws. While the Commonwealth Privacy Act provided some protective measures for many organisations nationally, there was no comprehensive statewide framework for public sector agencies—except in specific areas such as health information. This legislative package marks a significant departure from the past, addressing the longstanding gaps and aligning WA with evolving global standards. Researchers and policy experts have pointed out the need for such robust legislation, given the rapid evolution of technology and the increased reliance on automated systems in both government and the private sector.
Economic and Environmental Implications
Beyond the obvious ethical and societal benefits, the new privacy and data sharing laws are poised to have far-reaching economic implications. By facilitating trustworthy data sharing between various government bodies and community organisations, the reforms are expected to enhance policy planning in sectors such as health, education, and urban development. In the environmental realm, better data could lead to more informed decisions on resource management and urban infrastructure planning—a crucial advantage as Western Australia confronts the challenges posed by climate change and rapid population growth.
Preparing for Change
Government agencies now face a transition period of 12 months before the new laws take effect. This interval allows for the necessary updates to systems and procedures to ensure compliance with the stringent privacy and information sharing requirements. The lead-in period reflects a pragmatic approach to reform—balancing the need for rigorous data protections with the practicalities of organisational change. With so much at stake, both government bodies and the public can expect careful reviews of current practices, training programmes for staff and investments in new technologies that safeguard personal information.
Looking Ahead
The new privacy framework is not merely a legislative update; it is a transformative opportunity for Western Australia to set a benchmark for privacy protection and responsible data sharing. As technology continues to evolve at a relentless pace, having robust policies in place will be critical to maintaining public trust and ensuring that individuals have control over their digital identities. With the appointments of seasoned experts like Annelies Moens, and by empowering community groups to be active participants in their own data, Western Australia is positioning itself for a future where privacy and progress walk hand in hand.
For more detailed information on the Privacy and Responsible Information Sharing Act 2024, visit the official WA Government page at https://wa.gov.au/government/privacy-and-responsible-information-sharing.
Through these sweeping changes, Western Australia is not only updating its legal landscape but also reaffirming its commitment to safeguarding personal privacy in an increasingly digital world.
