IP addresses and personal information (was Re: [LINK] Fwd: On
Line Opinion - 16 February 2007)
Alan L Tyree
alan at austlii.edu.au
Sat Feb 24 10:50:58 EST 2007
On Sat, 24 Feb 2007 09:24:30 +1100
Howard Lowndes <lannet at lannet.com.au> wrote:
> Alan L Tyree wrote:
> > On Fri, 23 Feb 2007 18:37:48 +1100
> > Adam Todd <link at todd.inoz.com> wrote:
> >> I can tell you how and why it complies.
> >> Firstly the Privacy Act doesn't provide for Joe Citizen to take an
> >> action in the courts against a person or company that collects,
> >> holds, or releases personal or private information.
> > Technically true, but JC can make a complaint about an invasion of
> > privacy: s32 of the Privacy Act. The complaint is made to the
> > Privacy Commissioner or to the adjudicator under an approved Code.
> > The Commissioner can award damages including damages for hurt
> > feelings or humiliation suffered by the complainant: s52.
> > In some ways, this is better than being able to bring a court
> > action: it is cheaper, quicker and generally friendlier to the
> > complainant.
> This is true, but I found it to not be very successful. I complained
> to the OFPC about the manner in which CASA publish the details of
> aircraft registrants. The Aviation Act requires them to publish the
> detail and allows them to do so "in such manner as they see fit". I
> complained that the manner that they chose (zip file on their web
> site http://www.casa.gov.au/casadata/register/datafiles.asp ) was too
> broad and contrary to the spirit of the Privacy Act and that under
> the Aviation Act they could have chosen a less intrusive method of
> dissemination. My complaint was rejected.
I think this is more a flaw in the Privacy Act than in the complaints
process. Nobody that I know thinks that the Privacy Act is very good.
It is way too generous in the collections and disclosures that it
allows. If the Aviation Act says that, then it is hard to see anything
in the Privacy Act that would override it. At least that is a
> LANNet Computing Associates - Your Linux people
> <http://lannetlinux.com> When you want a computer system that works,
> just choose Linux; When you want a computer system that works, just,
> choose Microsoft. --
> Flatter government, not fatter government; abolish the Australian
> Link mailing list
> Link at mailman.anu.edu.au
Alan L Tyree http://www2.austlii.edu.au/~alan
Tel: +61 2 4782 2670 Mobile: +61 427 486 206
Fax: +61 2 4782 7092 FWD: 615662
More information about the Link