Support Centre

Australia: OAIC launches consultation on draft Data Matching Program Rules

The Office of the Australian Information Commissioner ('OAIC') launched, on 5 May 2021, a public consultation process on the draft Data-Matching Program (Assistance and Tax) Rules 2021 which aim to repeal the Data-Matching Program (Assistance and Tax) Guidelines 1994, as previously announced on 15 April 2021, to ensure these are fit for purpose. In particular, the draft rules include provisions on the requirement of matching agencies to maintain a program protocol and a technical standards report, the matters which matching and source agencies must report to OAIC on a periodic basis, and safeguards for affected individuals including:

  • confirming the validity of matches;
  • notifying individuals within a period of 28 days and providing a notice to the individual of their right to make a complaint under the Privacy Act 1988 (No. 119, 1988) (as amended) ('the Privacy Act');
  • data destruction where no discrepancy has been produced;
  • management and destruction of data where a discrepancy has been produced; and
  • prohibition of creating new registers, datasets, or databases.

Comments can be submitted via [email protected] by 19 May 2021.

You can read the press release here and the draft rules here.