Retention and destruction of records
Intercepted material73.80 Section 79 of the Telecommunications (Interception and Access) Act provides that a record, ‘other than a copy’, obtained by means of an interception must be destroyed if the chief officer of an agency is satisfied that it is unlikely that it will be required for certain permitted purposes. The Blunn Report noted that …
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Read moreCredit reporting information and credit worthiness
72.157 Concerns were raised in a number of submissions about whether Part 13 of the Telecommunications Act permitted the use and disclosure of credit information and credit worthiness information that would otherwise not be permitted under the Privacy Act.[140]72.158 Telstra noted that a number of provisions in the Privacy Act prohibit disclosure of credit information …
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Read moreIntegrated public number database
72.166 Currently, Telstra’s carrier licence requires it to provide and maintain an IPND.[151] The IPND, which was established in 1998, is a database of all listed and unlisted telephone numbers and associated customer data—namely, the name and address of the customer, the customer’s service location, the name of the carriage service provider, and whether the …
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Read moreAre two privacy regimes necessary?
71.32 A threshold question is whether two privacy regimes are necessary in the telecommunications industry, or whether the industry should be regulated under telecommunications-specific privacy laws or the Privacy Act.Submissions and consultations71.33 Some stakeholders argued that telecommunications-specific privacy laws are necessary. Stakeholders noted that Part 13 of the Telecommunications Act and the Privacy Act have …
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Read moreA review of telecommunications regulation
71.61 The ALRC acknowledges the need for telecommunications regulation to respond to a convergent communications environment. This has been a theme in a number of recent reports and inquiries.[68] In Australia, there are currently a number of regulatory frameworks that apply to information according to the communications platform over which it is delivered.[69]71.62 In DP …
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Read moreNew technologies
71.99 This section considers briefly three relatively new technologies that are considered to have privacy implications—voice over internet protocol (VoIP), electronic numbering (ENUM) and web server logs. These technologies are also discussed in Part B.Voice over internet protocol71.100 VoIP enables spoken conversations to be conducted in real time over the internet. VoIP services usually operate …
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Read moreAdults with a temporary or permanent incapacity
Presuming capacity70.29 The common law recognises—as a ‘long cherished’ right—that all adults must be presumed to have capacity until the contrary is proved. Where capacity is contested at law, the burden of proof lies with the person asserting the incapacity.[42]70.30 A clear legislative statement on the presumption of capacity has been incorporated into guardianship and …
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Read moreThird party representatives acting with consent
Nominees70.87 In DP 72, the ALRC asked two questions about nominees: whether the Privacy Act should be amended expressly to allow a third party nominated by an individual to make a decision under the Privacy Act, either for one-off or long term arrangements; and whether nominees should be recognised as ‘authorised representatives’.[126]Submissions and consultations70.88 Most …
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Read moreImplementing third party arrangements
70.110 In DP 72, the ALRC put forward a number of proposals aimed at assisting the implementation of provisions and processes relating to third party representatives, which would require:the OPC to develop and publish guidance relating to assessing the capacity of an individual;[159] and practices and procedures for allowing the involvement of third parties to …
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Read moreOnline consumers and direct marketing issues
69.7 Personal information collected in the online environment is subject to the same laws as any other personal information. This chapter focuses on personal information collected in the online environment, such as through registration pages, survey forms, order forms, and online contests. In Chapter 9, the ALRC discusses technology that can be used to capture …
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