The Federal Privacy Commissioner has been granted an emergency appeal from the Justice Department, seeking to prevent the government from implementing an earlier law designed to limit access to private data.
The Commissioner has said the Privacy Act, which was introduced in 2014, gives the federal government too much leeway to limit data collection, access and sharing.
The Federal Privacy Act allows the federal agency responsible for privacy to designate a privacy commissioner, who can make requests for certain types of data from businesses, individuals, agencies and the public.
“The commissioner must also seek to prevent disclosure of data that is protected by the Privacy Acts by identifying that data to a Privacy Commissioner or an employee of the commissioner,” the commissioner’s request says.
“A Privacy Commissioner must also act to prevent unlawful disclosure of protected data, and may exercise the powers of a Privacy Commission under its own powers, including making requests for information under the Privacy Orders.”
The commissioner will have a six-month deadline to make the request.
The commissioner must inform the court that they will be requesting information from the government, but will not be obligated to comply.
The government’s application was released Thursday.
A copy of the government’s filing is below.
The Commissioner’s filing will be available on Friday.
The deadline for the government to file a response is Monday.