[LINK] RFC: Submission re Online Privacy

stephen at melbpc.org.au stephen at melbpc.org.au
Tue Nov 30 18:10:51 AEDT 2010


> Roger writes,
> 
> > I've drafted a supplementary submission to the Senate Online Privacy 
> > Inquiry, which I'm giving evidence to on Wednesday, on behalf of the 
> > APF. http://www.privacy.org.au/Papers/Sen-OLP-Sub2-101129.pdf
> > Senator Scott Ludlum is on the Committee .. he may be able to focus
> > some energy
> 
> Good on you for this work, Roger .. and, here's my three suggestions ..


One must admit due to pre-NBN-and-rural-speed issues I did not download
Roger's PDF prior to noting the suggestions outlined below. Not that my
suggestions have changed, eg, mandatory reporting of privacy issues for 
those effected, but, I encourage all Link to support Roger's work, and:
 
"Genuine Privacy Laws in Replacement for the Privacy Act. There is an  
urgent need for genuine privacy laws that embody privacy protections 
rather than authorise privacy-invasions, that create offences, that apply
sanctions and that embody a genuine enforcement regime. (and) ..

There is an urgent need for a much more active and privacy-protective 
stance by the new Privacy Commissioner and OAIC, in a manner that 
reflects .. statutory functions. Senate Committees need to pressure the 
new Privacy Commissioner to (become) – a protector of people's privacy."

Well said Roger, and the APF. Do hope all Link might support such ideas.

Cheers,
Stephen


> 1. One every page of: http://www.privacy.gov.au  they're announcing ..
> 
> "Privacy Commissioner Site Changes. On 1 November 2010 the Office of the
> Privacy Commissioner was integrated into the Office of the Australian 
> Information Commissioner (OAIC). An interim site for the OAIC is 
> available at www.oaic.gov.au. The www.privacy.gov.au site will be 
> maintained until a site incorporating all OAIC material is established."
> 
> A backward step .. in an age where privacy is increasingly a problem.
> 
> 
> 2. Require Mandatory reporting of privacy breaches. For eg, in our
> Government's, "Guide to handling personal information security breaches"
> the benefits of notification are listed, but ZERO mandatory requirement.
> 
> "In general, if a personal information security breach creates a real 
> risk of serious harm to the individual, those affected should be 
> notified .. Prompt notification to individuals in these cases can help 
> them mitigate the damage by taking steps to protect themselves.."
> 
>  http://www.privacy.gov.au/materials/types/guidelines/view/6478
> 
> 
> and 3: Please give existing and future privacy legislation some teeth ..
> 
>  http://www.privacy.gov.au/complaints
> 
> "Office has complaint handling responsibilities under the Privacy Act 
> 1988. Individuals can complain if they believe their privacy has been 
> interfered with by an Australian or ACT government agency, or a private 
> sector organisation covered by the Act. The information in this section 
> tells you how to make a complaint, and explains the complaints process 
> generally. .. (snip) .. • There are no fines set out in the Act. 
> Complaints are generally resolved through conciliation."
> 
> No fines? No teeth?  So .. who cares?
> 
> --
> 
> Cheers,
> Stephen


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