Census controversy: Senator Xenophon announces plans to withhold name over privacy concerns

South Australian senator Nick Xenophon is refusing to include his name on his census form, stating he is prepared to challenge any fines he may incur as a result.

The outspoken and often controversial senator will join Greens senators Scott Ludlam and Sarah Hanson-Young who are refusing to add their identities to the national snapshot.

Mr Xenophon said he is not convinced the national survey will not present a huge privacy risk to the Australian people's data.

As the nation prepares to enter their household details on Tuesday night the senator said he is willing to be a legal test case and challenge the government's ability to prosecute Australian citizens for withholding their name from the form.

The census is surrounded by mounting security and privacy concerns arising from the Australian Bureau of Statistics’ decision to extend the time it holds the addresses and names of Australian’s from 18 months to four years.

Mr Xenophon said he wants the law altered so it is not compulsory to provide an individual’s name during the census.

"I have decided this morning that I will not be providing my name for this year's census, due to be completed tomorrow night," Xenophon announced to media in Canberra Monday.

"I do so in full knowledge that I may face prosecution under the Census Statistics Act of 1905, and that currently involves a fine of $180 per day that is cumulative for every day of non-compliance.

"I will contest any such notice, and by doing so I will in effect turn it into a test case.

"Rather than be a snapshot of the nation, this census will morph into a mobile CCTV that follows every Australian."

Senator Xenophon warned people might lie on census forms because they feared their personal data being misused.

He said it could undermine public trust in the census and raised concerns about data being potentially sold to private companies.

Tuesday night's compulsory 61-question survey, held once every five years, provides the Australian Bureau of Statistics with a demographic snapshot and helps to determine the distribution of government funds.

More than two thirds of the population are expected to complete the 2016 census on smartphones, tablets and computers - after receiving their unique login codes and instructions in the post - which will make it the largest online event in the country's history.

Following Xenophon’s lead is Greens Senator Sarah Hanson-Young also announcing via social media that she will be completing the census however also not providing her name.

"I will complete the census, because the data is important for helping us as a nation to understand who we are, but I won't include my name," she wrote on Twitter.

However in an unexpected move Liberal Democrat David Leyonhjelm said he will include his name on his census form.

Despite declaring libertarians don't trust governments - and want to reduce state power - the returned senator won't join other crossbenchers in withholding his information in Tuesday night's compulsory survey.

"Broadly I'm sympathetic to that, but it is the law to provide your name and I wouldn't endorse breaking the law," Senator Leyonhjelm told ABC radio.

Senator Leyonhjelm says he is troubled the Australian Bureau of Statistics will be keeping details for four years instead of 18 months.

But he is more concerned about the government's metadata laws which allow telcos to keep consumer's details for two years.

"Our privacy is under threat and I think it is a serious issue but relative to the metadata issue I see the census as relatively innocuous," he said.

Fellow crossbencher Jacqui Lambie is also worried about giving her name and address, given she's received death threats in the past.

The government has defended the ABS, with Small Business Minister Michael McCormack claiming people already hand over more information when they buy items online or sign up to a supermarket loyalty card.

Last week Malcolm Turnbull made a bid to offer reassurance to Australians about the security of the census.

“The Australian Bureau of Statistics in undertaking the census, always protects the people’s privacy and the security of their personal details is absolute. And that is protected by law and by practice, so that is a given,” the Prime Minister stated in Canberra.

News break – August 9