IP addresses and personal information (was Re: [LINK] Fwd: On Line Opinion - 16 February 2007)

[Alan L Tyree]

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.

> 
> Secondly, companies don't have to comply with the privacy act.  No 
> really.  To compel a company to comply would be a contravention of
> the Constitution.

This is very puzzling. Can you elaborate?

> 
> The Privacy Act is there not to enable you to access or prevent
> collection, of information about you, but for companies, government
> and others to say that they can't release the information TO YOU
> about YOU.
> 
> Haven't you noticed the words "The privacy Act says I can't ...."
> but when you know Todd V Telstra and, the information I got in return
> of a subpoena only yesterday, you know full well when people say
> those words that they neither have read the Act, know what it really
> does or means, nor how to execute it.  Worse you know straight away
> that there is little point dealing with the person because they have
> little more intelligence than a parrot!
> 
> On the issue of collecting the data, as Hitwise does. I haven't read
> the thread here today, just this message, however it's not a breach
> of privacy.
> 
> IP addresses are not private.  They are public.  Data you send in
> packet headers aren't private, they are public.  Data you get back in
> packets is not private, it's public.
> 
> In fact, you could really only claim copyright, and only if you hand 
> created the packets!
> 
> 
> 
> 
> At 05:53 PM 23/02/2007, Marghanita da Cruz wrote:
> >Irene Graham wrote:
> >>On Thu, 22 Feb 2007 16:11:47 +1100, Howard Lowndes wrote:
> >>
> >>>On Thu, 22 Feb 2007 15:52:38 +1100, Marghanita da Cruz wrote:
> >>>
> >>>>The talk I went to by Hitwise was pretty compelling see
> >>>><http://www.hitwise.com.au/products-services/how-we-do-it.php>
> >>>Tell me where this doesn't breach either or both of the Privacy
> >>>Act and the Telecommunications Act:
> >>
> >>EFA would like to know that as well.
> >Apparenthly it complies according to
> >>PricewaterhouseCoopers Data Integrity and Privacy Audit Report
> >>June 2006
> >>Hitwise management statement on the privacy relating to information 
> >>collected from data partners and the information collected from
> >>customers of the Hitwise services, as well as the integrity of the
> >>data processed and presented via the Hitwise Competitive
> >>Intelligence Services website.
> ><snip>
> >>Hitwise's disclosed privacy policy and practices complies with the 
> >>following regional privacy law:
> >>1. United States Federal Privacy Law; New York, California and
> >>Texas State Privacy Law
> >>2. United Kingdom: The Data Protection Act 1998; The Privacy and 
> >>Electronic Communications (EC Directive) Regulations 2003
> >>3. Australia: The Privacy Act 1988; privacy related laws in 
> >>Telecommunications Act 1997
> >>4. New Zealand: The Privacy Act 1993
> >>5. Hong Kong: Hong Kong Personal Data (Privacy) Ordinance
> >>6. Singapore: Relevant statutes and common law torts (note no
> >>overarching privacy or data protection law in Singapore)
> ><http://www.hitwise.com.au/other/pwc-audit-report.php>
> >
> >
> >
> >--
> >Marghanita da Cruz
> >http://www.ramin.com.au/
> >Telephone: 0414-869202
> >Ramin Communications Pty Ltd
> >ABN: 027-089-713-084
> >
> >
> >
> >_______________________________________________
> >Link mailing list
> >Link at mailman.anu.edu.au
> >http://mailman.anu.edu.au/mailman/listinfo/link
> 
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> 


-- 
Alan L Tyree                    http://www2.austlii.edu.au/~alan
Tel: +61 2 4782 2670            Mobile: +61 427 486 206
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