[LINK] The Serious Privacy-Invasiveness of Census 2006

[Roger Clarke]

The 2006 Census is vastly more privacy-threatening than its predecessors.

The massive P.R. blitz that the ABS has conducted has found willing 
accomplices throughout the media, who repeat the good news stories 
that they're fed, apply no scepticism, and ask no hard questions.

The Australian Privacy Foundation's summary is here:
http://www.privacy.org.au/Campaigns/Census/index.html#Status

The original proposals of March 2005 were so bad that there would 
have been active campaigns to encourage civil disobedience resulting 
in Census data becoming worthless.

After the Australian Statistician conducted consultations with a few 
groups, in particular APF, they backed off on the original plans. 
But the scaled-back proposal is still a huge problem.  Moreover, it' 
s clearly intended as a first step, to enable the resumption of the 
original plan in 2011.

For these reasons, I for one will probably not be providing data, or 
providing pseudo-data, or getting so drunk that I can't remember 
where I was and using that as an excuse for not handing in a form, or 
...  (I started assembling a list of options late last year, but 
can't remember them all).

For others who may be considering such measures, below are the basics 
on the compulsoriness of filling in Census forms.

Feel free to post this on to other individuals and lists, as appropriate.


The Census site states at:
http://abs.gov.au/websitedbs/d3310114.nsf/51c9a3d36edfd0dfca256acb00118404/b9504d79bc140d7eca25715e0027d788!OpenDocument
"If you do not answer the questions, the Australian Statistician has 
the power to direct you to provide the information. If he does this, 
you have a legal obligation to comply."

Census and Statistics Act s.14 says:
http://scaletext.law.gov.au/html/pasteact/1/580/0/PA000200.htm
(1)  A person who, without reasonable excuse, refuses or fails to 
comply with a direction served on the person under subsection 10(4) 
or 11(2) is, in respect of each day during which the person so 
refuses or fails to comply with the direction (including the day of a 
conviction under this section or any subsequent day), guilty of an 
offence punishable on conviction by a fine not exceeding $100.
(2)  Subsection (1) does not apply in relation to a refusal or 
failure by a person to answer a question, or to supply particulars, 
relating to the person's religious beliefs.

s.10:
http://scaletext.law.gov.au/html/pasteact/1/580/0/PA000160.htm
s.11:
http://scaletext.law.gov.au/html/pasteact/1/580/0/PA000170.htm
which refer back to s.8:
http://scaletext.law.gov.au/html/pasteact/1/580/0/PA000110.htm
and to s. 9:
http://scaletext.law.gov.au/html/pasteact/1/580/0/PA000140.htm

s.15:
http://scaletext.law.gov.au/html/pasteact/1/580/0/PA000210.htm
A person shall not, in connection with:
(a) a requirement made of the person under subsection 10(2);
(b) a request made of the person under subsection 10(3) or 11(1); or
(c) a direction served on the person under subsection 10(4) or 11(2);
make a statement, either orally or in writing, or furnish a document 
containing information, that is to his or her knowledge false or 
misleading in a material particular.
Penalty: $1,000.

s.20:
http://scaletext.law.gov.au/html/pasteact/1/580/0/PA000280.htm
(1) An offence against this Act ... shall be prosecuted summarily.

s.21
http://scaletext.law.gov.au/html/pasteact/1/580/0/PA000290.htm
Where under subsection 10(4) or 11(2) an act or thing is required to 
be done within a particular period or before a particular time, the 
obligation to do that act or thing continues, notwithstanding that 
that period has expired or that time has passed, until that act or 
thing is done.
[No, I don't understand the significance of that either]

s.22
http://scaletext.law.gov.au/html/pasteact/1/580/0/PA000300.htm
(1) Charges against the same person for any number of offences 
against section 14 may be joined in the same information or complaint 
if those offences relate to a failure to do the same act or thing.
(2) If a person is convicted of 2 or more offences referred to in 
subsection (1), being offences related to a failure to do the same 
act or thing, the court may impose one penalty in respect of both or 
all of those offences, but that penalty shall not exceed the sum of 
the maximum penalties that could be imposed if a penalty were imposed 
in respect of each offence separately.

-- 
Roger Clarke                  http://www.anu.edu.au/people/Roger.Clarke/
			            
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Visiting Professor in Info Science & Eng  Australian National University
Visiting Professor in the eCommerce Program      University of Hong Kong
Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW