Student Identifiers Amendment (Higher Education) Bill 2019 [2020] AUPJCHR 18 (5 February 2020)

• Student Identifiers Amendment (Higher Education) Bill 20191
• Use and disclosure of student identifiers
• International human rights legal advice
• Right to privacy
• Committee view

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Student Identifiers Amendment (Higher Education) Bill 2019^[1]

Purpose	This bill seeks to amend the Student Identifiers Act 2014 to: enable the Student Identifiers Registrar to assign a unique student identifier to all higher education students; require that a registered higher education provider not confer a regulated higher education award unless a person has been assigned a student identifier; enable the assignment, collection, use, disclosure and verification of those identifiers; and authorise the minister to give directions to the Registrar about the performance of their functions in relation to higher education
Portfolio	Education
Introduced	House of Representatives, 4 December 2019
Right	Privacy
Status	Advice only

Use and disclosure of student identifiers

1.259 Proposed subsection 18(3) of the bill^[2] would authorise the Student Identifiers Registrar (the Registrar) to use or disclose a student identifier of an individual if it is for the purposes of research that relates directly or indirectly to the provision of higher education, and meets requirements which are to be specified in a legislative instrument.

International human rights legal advice

Right to privacy

1.260 Authorising the Registrar to use or disclose student identifiers for the purposes of research engages and may limit the right to privacy. The right to privacy includes respect for informational privacy, including the right to respect for private and confidential information, particularly the storing, use and sharing of such information.^[3]

1.261 The statement of compatibility identifies that the bill engages the right to privacy.^[4] It states that the legislative instrument which will set out the requirements that must be met prior to the use or disclosure of identifiers will ensure that 'appropriate limits' are placed around this power, and that the Registrar's power cannot be exercised prior to the development of this legislative instrument.^[5] It states that the minister will set out 'robust requirements' in that instrument to 'ensure appropriate safeguards are in place', and will take into account 'community expectations surrounding privacy', as well as considering 'relevant requirements applicable to the use of student identifiers for research in the VET sector and whether they are applicable for higher education'.^[6] It also gives examples of factors that the minister may consider including in the legislative instrument for the Registrar to take into account prior to exercising this proposed power.^[7]

1.262 However, while this legislative instrument could operate as an effective safeguard with respect to the right to privacy, the instrument does not exist, and the bill does not, itself, specify matters to which the minister must have regard in its development. As such, it remains unclear whether the use and disclosure of student identifiers pursuant to proposed subsection 18(3) would impermissibly limit the right to privacy for the purposes of international human rights law.

Committee view

1.263 The committee notes that the bill would authorise the use or disclosure of individual student identifiers for the purposes of research. The committee notes the legal advice and considers it is unclear whether the legislative instrument required to be developed pursuant to subsection 18(3) of the bill would operate effectively as a safeguard to protect the right to privacy. The committee notes that if this bill passes, it will separately consider any legislative instrument made under the relevant act once it is tabled in the Parliament.

1.264 The committee draws this matter to the attention of the minister and the Parliament.

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[1] This entry can be cited as: Parliamentary Joint Committee on Human Rights, Student Identifiers Amendment (Higher Education) Bill 2019, Report 1 of 2020; [2020] AUPJCHR 18.

[2] Schedule 1, item 12.

[3] International Covenant on Civil and Political Rights, article 17.

[4] Statement of compatibility, pp. 6-8.

[5] Statement of compatibility, p. 7.

[6] Statement of compatibility, p. 7.

[7] Statement of compatibility, pp. 7-8.