[LINK] grog gamut

Roger Clarke Roger.Clarke at xamax.com.au
Tue Oct 5 16:13:32 AEDT 2010


At 15:42 +1100 5/10/10, Richard Chirgwin wrote:
>2. Under some conditions, it's okay to name an anonymous blogger.

Of course.

(All topics that actually matter are shades of grey, not black and white).


>What are the conditions, and who decides?

The APF's proposal for a Code is clear about both:
http://www.privacy.org.au/Papers/Media-0903.html

Firstly, there's a framework.

And then there are "indicative Guidelines, in order to convey the 
sense of what the APF considers to be fair balances between the vital 
need for free media and the high value of personal privacy.   The 
justification for the collection or publication of personal data must 
be based on one or more of the following:  [list as per earlier 
email]".

For practical reasons, the decision must be made by the publisher.

But then:
-   the decision must be subject to complaint
-   "the media must be able to provide the justification for seeking, and
     for publishing, personal data ..."
-   the complaint must be dealt with by a body with more powers, and
     more credibility, than the Press Council

___________________________________________________________________________


P.S.  On the privacy list, Nigel pointed out that the (dreadful) 
draft APPs - the latest name is not 'Unified' but 'Australian' - 
contain a specific proposal from the government, currently before (an 
inappropriate) Senate Committee:

APP2 in Exposure Draft of the Australian Privacy Principles:

Australian Privacy Principle 2-anonymity and pseudonymity
(1)	Individuals must have the option of not identifying themselves when
dealing with an entity.
(2)	Subsection (1) does not apply if:
(a)	an entity is required or authorised by or under an Australian law,
or an order of a court or tribunal, to deal with individuals who have
identified themselves; or
(b)	it is impracticable for an entity to deal with individuals who have
not identified themselves.

+ CLPC submission to Senate Committee for 'improved' APP8 - extra bit in (1)
and new (2)

Australian Privacy Principle 2-anonymity and pseudonymity
(1)	Individuals must have the option of not identifying themselves, or
of using a pseudonym, when dealing with an entity.
(2)	Where subsection (1) does not apply, an individual must have the
option of using a pseudonym unless it is impractical for an entity to deal
with individuals who use a pseudonym;
(3)	Subsection (1) does not apply if:
(a)	an entity is required or authorised by or under an Australian law,
or an order of a court or tribunal, to deal with individuals who have
identified themselves; or
(b)	it is impracticable for an entity to deal with individuals who have
not identified themselves.

Nigel Waters, Research Fellow
Cyberspace Law & Policy Centre, University of New South Wales
http://www.cyberlawcentre.org/ipp/
02 4981 0828 and 0407 230 342
nigelwaters at pacificprivacy.com.au


-- 
Roger Clarke                                 http://www.rogerclarke.com/
			            
Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
                    Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/

Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW
Visiting Professor in Computer Science    Australian National University



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