Productivity Commission: Harnessing Data and Digital Technology

With thanks to Rebecca Ng, Tiffani Apps, Karley Beckman, Claire Rogerson, Amanda Cipriani, Tama Leaver, Susanne Srdarov, Catherine Smith, Kristy Corser, Simon Smith and Chris Zomer.

The ARC Centre of Excellence for the Digital Child welcomes the opportunity to respond to the five pillar productivity inquiries proposed by the Productivity Commission. This submission specifically focuses on the report, Harnessing Data and Digital Technology.

The Productivity Commission’s mission is to provide the Australian Government with “independent research and advisory body on economic, social and environmental issues affecting the welfare of Australians”. We recognise, through this report, the potential economic growth of AI technologies, standardised digital reporting and better data accessibility for individuals and businesses. However, as is the mission of the Productivity Commission, it is necessary to consider the social and environmental impacts of these decisions on the welfare of Australians and in particular, the welfare of children who will be the future citizens and economic contributors of the nation.

We strongly recommend that the Commission consider the cost of not protecting children’s privacy and rights over the technical and administrative difficulties, and cost businesses may encounter/incur in trying to meet current and future legislative requirements. We remind the Commission that Australia, as quoted from the Department of Foreign Affairs and Trade website, is a “founding member of the United Nations and an original signatory to the Universal Declaration of Human Rights in 1948”2. It is also a signatory to the UN Convention on the Rights of the Child and hence is obligated to ensure that individuals and children have a right to privacy unless it concerns their safety or in matters of justice.

In our response, we emphasise the critical need for a rights-based approach to meaningful and measurable productivity reform, with consideration to, and compliance with, the United Nations Convention on the Rights of the Child (UNCRC)3 and General Comment No. 25 on Children’s Rights in relation to the Digital Environment4. These principles can provide the trust and certainty that the Commission has identified as necessary grounds for Australia to harness data and digital technology and drive innovation.

Children are rights‑holders with evolving capacities under the UNCRC; policy, procurement and redress should therefore be designed for rights‑exercise, not merely for end‑user consent or consumer choice. For this submission, a ‘child’ is defined as any person under the age of 18 years as per Article 1 of the UNCRC. A child’s ‘best interest’ should be a “primary consideration” in “all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies” as per Article 3.1 of the UNCRC.