[LINK] google misdeeds and Australia's Privacy Commissioner

[swilson at lockstep.com.au]

"Craig Sanders" <cas at taz.net.au>
Sent: Wednesday, 23 June, 2010 10:54am
To: link at mailman1.anu.edu.au

> i'm not missing [the difference between collection and overhearing] at all.
> 
> the Privacy Act only covers personally identifying information ("PII").
> it does not cover other information. overhearing something - or even
> deliberately eavesdropping in public - is NOT illegal. not under the
> privacy act, and not under any other laws.

Now I think I can see where some confusion is coming from.  The term "PII" usually stands for personally identiFIABLE information, not identiFYING information.  Perhaps Craig you're guessing that PII means information that is used to identify someone, like evidence of identity? 

"PII" in fact is a much broader term; it means pretty much anything about someone where their identity is apparent.  

Having said that, the Privacy Act in Australia in fact does not use the term "PII".  Instead it uses the jargon "personal information" which is defined in the Act to mean: 

"information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion". 

And remember that the legislation does not govern the behaviour of individuals, only that of businesses and governments.  

You keep insisting that people know more about wifi technology, but you're not so rigorous in your own understanding of the Privacy Act.  The details matter, in both technology and the law.  And in determining whether Google _broke_the_law_ what matters is the law.  

Instead of guessing what "PII" means and how it applies, you should read the Privacy Act!  I did, back in 2002.  As a technologist I found that the law was very surprising and its implications not widely known.  So I wrote a paper about it: http://www.austlii.edu.au/au/journals/PLPR/2003/20.html.  And ever since I've been trying to get other technologists to take a look and ponder what information privacy law really means.  The implications are deep, and I actually think we're only scatching the surface. 

Cheers, 

Steve Wilson
Lockstep.