Should the Privacy Act be technology neutral?
10.3 The explanatory memorandum to the Privacy Amendment (Private Sector) Bill 2000 noted that the National Privacy Principles (NPPs) were intended to be technology neutral. Technology-neutral privacy principles were intended to ensure that the Privacy Act remained flexible and relevant in the case of technological change.[1] In Chapter 9, the ALRC considers the impact on …
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Read moreKey themes in a ‘technology aware’ framework
10.13 Professor Lawrence Lessig has described four modes of regulation in cyberspace, noting that these modes are reflected in ‘real space’: law—which may include prohibitions and sanctions for online defamation and copyright infringement;social norms—which may involve a user ensuring that the behaviour of their avatar conforms to community expectations in an online world such as …
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Read morePrivacy-enhancing technologies
9.5 The way that technology is used often determines whether it is privacy enhancing or privacy invasive.[9] Some technologies, known as privacy-enhancing technologies (PETs), operate to protect privacy. Particular PETs that can be implemented by individuals are discussed throughout this chapter. Chapter 10 discusses the role of PETs in a regulatory framework, as well as …
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Read moreThe internet
9.14 The internet is a worldwide collection of interconnected computer networks based on a set of standard communication protocols. The World Wide Web (the Web)—a global collection of publicly accessible electronic information—is accessed by individual computer ‘nodes’ that are attached to the internet. An individual computer node could be, for example, a personal computer (PC) …
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Read moreRecords
6.123 Generally, the privacy principles in the Privacy Act only apply to personal information that is held, or collected for inclusion, in a ‘record’.[140] The IPPs expressly refer to collection of personal information by agencies for inclusion in a ‘record’, storage and security of ‘records’, access to ‘records’ and so on. Section 16B provides that …
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Read moreGenerally available publications
6.150 The definition of ‘record’in the Privacy Act excludes a range of things such as items kept in libraries, art galleries or museums for reference, study or exhibition; a range of Commonwealth archival records, including those in the open access period; documents in the memorial collection of the Australian War Memorial and letters and other …
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Read moreWhat is ‘personal information’?
6.2 Central to the regime established by the Privacy Act is the definition of ‘personal information’. This is because the privacy principles only apply to personal information as defined by the Act. The current definition of personal information is the same as that found in the original 1988 Act, that is:information or an opinion (including …
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Read moreSensitive information
6.88 ‘Sensitive information’is a sub-set of personal information and is given a higher level of protection under the NPPs. The IPPs do not refer to sensitive information and agencies are required to handle all information, including sensitive information, in accordance with the IPPs. The principles recommended for handling sensitive information, and their extension to agencies, …
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Read moreThe structure of the Act
5.63 Because the Privacy Act has been substantially amended on a number of occasions, the numbering and structure of the Act make it confusing and difficult to navigate. For example, while the IPPs are found in s 14 of the Act, the NPPs are found in Schedule 3. In addition, the Act refers to obsolete …
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Read moreThe name of the Act
5.73 The Privacy Act is essentially limited in its scope to the protection of personal information. It does not regulate other elements of the right to privacy, for example, the right to be free from arbitrary or unlawful interference with one’s home or family life. The Privacy Commissioner, Karen Curtis, noted in evidence to the …
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