Submission to ACCC Digital Platforms Inquiry – Data Brokers

Data brokers are mining and refining our data and then sharing and selling it to the highest bidder. There is little to no transparency in how data brokers collect, share and use personal information and it presents three key risks for Australian consumers:

1. It’s unlikely that consumers even know that their data is being collected by a data broker.
2. It is highly unlikely that consumers have given explicit consent for that collection.
3. There is no clear way to opt-out of having your data collected in the first place.

As for many data-based related practices, the issue cannot be resolved in a piecemeal approach. The Federal Government must prioritise the following economy-wide reforms to deliver a holistic consumer protection framework that effectively holds data-enabled businesses accountable:

• Introduce an unfair trading prohibition to protect consumers from businesses that unfairly exploit their customers.
• Reform the Privacy Act to bring Australia’s protection framework into the digital age.
• Implement a best-interests duty or duty of care obligations for data.

At a minimum, the Federal Government should consider labelling requirements for products and services where data captured or used involves data brokers. In addition, the ACCC should consider using its information gathering powers to identify the prevalence and process of consumers requesting information or redress from data brokers.