Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697632407142.pdf (Australia)
Page 50 Clean Energy (Auction of Carbon Units) Determination 2013 FRLI: F2013L00759 Portfolio: Climate Change Summary of committee view 2.10 The committee seeks further information as to why it is necessary to publish the names of persons disqualified from bidding for carbon units at auction (including when the decision is subject to review) and to ask how this is consistent with the right to privacy.
Overview This instrument establishes policies, procedures and rules for auctioning 2.11 carbon units under the Clean Energy Act 2011.

Compatibility with human rights The instrument 2.12 is accompanied by a self‐contained statement of compatibility that states that it engages the right to privacy under article 17 of the International Covenant on Civil and Political Rights (ICCPR).
It notes that the instrument requires persons to provide personal information to the Regulator for the purpose of participating in the auctioning of carbon units, but that the 'individual's information will be regulated and treated in accordance with the secrecy provisions set out in the Clean Energy Regulator Act 2011 and the Privacy Act 1988'.
The committee notes that a large number of instruments3 establishing the 2.13 regime under the Clean Energy Act 2011 note that they engage the right to privacy but that as the information is dealt with under the provisions of the Clean Energy Regulator Act 2011 and the Privacy Act 1988 any limitation on rights are reasonable, necessary and proportionate.
2.14 The committee would be assisted in its task of scrutinising instruments for compatibility with human rights if more information could be given in future about the applicable provisions of these Acts and how they protect the right to privacy (for example, who has access to the information, how long the information is stored for and the purposes for which it may be used).
2.15 The statement of compatibility also notes: 3 In the time period considered by this report, the following instruments also used this reasoning: Clean Energy Legislation Amendment (International Linking) Regulation 2013, F2013L00778; Clean Energy Legislation Amendment (Various Measures) Regulation 2013, F2013L00779; Clean Energy Legislation Amendment Regulation 2013 (No.

1), F2013L0076.
1), F2013L0076.

Page 51 The Instrument also requires the Regulator to publish on the Regulator’s website, the name of any person who has been disqualified from bidding in an auction and if the disqualified person has a Registry account − the name of any authorised representative for the Registry account (section 41).
It is possible for a person to apply for a review of the Regulator’s decision to disqualify a person from bidding in the auction with the consequence that the publication of a person’s name is also subject to review.4 2.16 The statement of compatibility notes that this engages the right to a fair hearing under article 14 of the ICCPR, and sets out the review mechanisms available under the Clean Energy Act 2011.
The committee is satisfied, based on the reasoning set out in the statement of compatibility, that the instrument does not raise any concerns with the right to a fair hearing.

2.17 However, the committee is concerned that publishing the names on a publicly available website of any person who has been disqualified from an auction may limit the right to privacy of that person.

No explanation is given as to why it is necessary to make the names of disqualified person's publicly available.
It also appears that the name would be published on the website as soon as the person is disqualified, even if a review of the disqualification is underway.

2.18 The committee intends to write to the Minister for Climate Change, Industry and Innovation to ask why it is necessary to publish the names of persons disqualified from bidding at auction (including when the decision is subject to review) and to ask how this is consistent with the right to privacy.
4 Statement of compatibility (p. 26 of Explanatory Memorandum).