Collecting, Sharing and Utilising Data to Inform Decision-making and Improve Equality

Abstract

Although we live in an era in which government and private organisations collect large amounts of data, this has not filtered through to anti-discrimination and equality law in Australia. Government and its agencies have little incentive to collect information, nor does business. Neither group bears any obligation to tackle discrimination if they detect it. Yet the self-regulating enforcement model used in equality law is premised on the idea that information will be available to aid voluntary compliance. This article examines the nature of the data organisations that are currently required to collect and identify significant information gaps. It argues that it is not enough to simply fill those gaps with information; increased data collection needs to be accompanied by the obligation to address inequality if that is what the data reveals.