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2.19 The protection of privacy in Australia should be consistent with Australia’s international obligations, for example, under the ICCPR[26] and policies of the Organisation for Economic Co-operation and Development.[27] It should also take into account, as far as appropriate, international standards and legal developments in the protection of privacy.[28]
2.20 Throughout this Discussion Paper, reference is made to developments in the legal protection of privacy in other jurisdictions, particularly but not limited to those jurisdictions with which Australia shares a common legal heritage. However, the Discussion Paper recognises that every jurisdiction’s development of the law on privacy will depend on its constitutional framework, particularly its guarantees or protections of relevant interests or rights.[29] The need for statutory reform in a particular jurisdiction also depends on its common law at the time.
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[26]
International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976).
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[27]
Organisation for Economic Co-Operation and Development, Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data, 2013.
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[28]
Australian Bureau of Statistics, Submission 32.
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[29]
SBS, Submission 59.