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- Title
PANDEMICS, PRIVACY AND PRESSING CONSTITUTIONAL LIMITS -- THE COMMONWEALTH'S USE OF THE NATIONHOOD POWER TO FACILITATE COVIDSAFE.
- Authors
GATES, SAMANTHA
- Abstract
The advent of COVID-19 saw the Commonwealth Government launch the voluntary contact tracing app - COVIDSafe. Accompanying the launch of the app, the Commonwealth inserted Part VIIIA into the Privacy Act 1988 (Cth) ('Privacy Act'). Part VIIIA put in place a scheme of privacy protection for users of COVIDSafe to increase public trust in the app, and therefore its uptake. What is remarkable about Part VIIIA is its constitutional basis. While the constitutional validity of the Privacy Act is sourced in the external affairs power, the Commonwealth instead relied on the amorphous nationhood power to support Part VIIIA. The aim of this article is to examine Part VIIIA and determine whether it can truly be said to be a law with respect to the nationhood power. This will carry implications for future uses of the nationhood power by the Commonwealth in the realm of privacy protection.
- Subjects
RIGHT of privacy; DATA security; MOBILE apps
- Publication
University of Western Australia Law Review, 2023, Vol 50, Issue 2, p193
- ISSN
0042-0328
- Publication type
Article