[Linux-aus] Census data risks - retention and correlation of records

Phillip Smith lists at fukawi2.nl
Mon Apr 4 15:48:24 AEST 2016


> > Apparently although everyone is required to fill in their census form,
> > there's no law requiring people to give their correct name.  You can
> > fill it in as "John Doe" or even "Anonymous".
>
> IANAL, but I think section 15 of the Census and Statistics Act 1905 would beg to differ.

I had a brief read through it this morning and while IANAL either, it
seems the only way to (legally) get out of it is if your religious
beliefs prevent it, AND you have to be able to provide evidence as
such. Section 14.3:

> (3)  Subsection (1) does not apply in relation to a person’s failure to answer a question, or to supply particulars, relating to the person’s religious beliefs.
> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).


While I am firmly against the census being mandatory, and specifically
the changes regarding the retention of identifiable information, I'm
not sure if it falls under the responsibility of LA to lead such an
objection. Although I would not oppose LA lending support to another
organization more targetted towards this end (eg, EFA)


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