[LINK] Psych department web stats

Roger Clarke Roger.Clarke at xamax.com.au
Mon May 26 14:15:55 AEST 2008


At 10:09 +1000 26/5/08, Rick Welykochy wrote:
>Does a publicly available list of consumers IPs (as one example) who accessed
>a given web server constitute a breach of privacy?

The OECD Guidelines refer to "an identified or identifiable individual".

The expressions in particular laws vary considerably, but generally 
data is personal data if the person's identity is known.

The Clth Privacy Act is one of the weakest forms:
http://www.austlii.edu.au/au/legis/cth/consol%5fact/pa1988108/s6.html
"personal information" means information or an opinion ... about an 
individual whose identity is apparent, or can reasonably be 
ascertained, from the information or opinion.

(Most definitions adopt the sensible approach that it doesn't matter 
whether the identity is apparent from the data alone, or from the 
data in combination with other data).

-- 
Roger Clarke                  http://www.anu.edu.au/people/Roger.Clarke/
			            
Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
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mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/

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



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