Giving overall responsibility for privacy Codes to the Privacy Commissioner may be more likely to ensure consistency between privacy standards in the telecommunications sector and in other areas such as health care and direct marketing. The Commissioner could also develop Codes in areas such as telemarketing, which goes beyond the scope of the ACA and the telecommunications sector. The Austel proposal of a self-regulatory industry Code in 1992 was made in a context when extension of privacy legislation was not being considered. In the current context, providing the Office of the Privacy Commissioner functions effectively, there is little reason why an industry-specific approach to telecommunications privacy should be pursued. With the convergence of communications and information industries, it will be increasingly difficult to distinguish the telecommunications-specific privacy issues from privacy issues relating to other industries.
Telecommunications are now central to the functions of a privacy regulator.
The Privacy Commissioner's role would be limited if he or she was not given responsibility for the implementation of privacy standards in the telecommunications industry. The approach of implementing the privacy Code through the Privacy Commissioner's office would also be consistent with government policy relating to the telecommunications and other industries. For example, competition policy is implemented by the ACCC, and policy relating to employment opportunities by the Human Rights and Equal Opportunity Commission. Given the existence of a specialist privacy regulator who works to apply a set of general, internationally recognised privacy principles across a range of industries, it is difficult to sustain the argument that responsibility for the development and implementation of a privacy Code should lie elsewhere. The Privacy Commissioner will also have the benefit of overseas experience such as with the NZ Telecommunications Privacy Code, which is currently being developed on the basis of legislation substantially similar to the privacy legislation likely to be introduced in Australia in 1997.