MALCOLM CROMPTON FEDERAL PRIVACY COMMISSIONER What is privacy

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MALCOLM CROMPTON FEDERAL PRIVACY COMMISSIONER What is privacy Powered By Docstoc
					MALCOLM CROMPTON
FEDERAL PRIVACY
COMMISSIONER

What is privacy?
Conference on Privacy &
Security in the Information Age

16 August 2001
Melbourne
What is privacy …
“Every country in the world is grappling with this.
But what I’m told, they’ve got closed circuit TV at
the cricket ground that can respond to a photo and
locate you in the crowd, already there, they can
locate you in the crowd.
“And when you’ve got in every modern city
hundreds of closed circuit, hundreds of closed
circuit TV cameras you can be tracked around a
city. That’s existing technology…
What is privacy …
“What concerns me is that it would be possible for
someone to have a system that lets them know
where you’re moving, through the use of the card,
or through the use of closed circuit TV. You might
pass hundreds of those in one day, ultimately; you
buy something in a store using a credit card. I
mean, there are huge challenges for privacy in
this.”
             Bob Carr, re Transport Smartcard proposal,
                     ABC Radio News, 12 August 2001
“A man without privacy is a man
without dignity; the fear that Big
Brother is watching and listening
threatens the freedom of the individual
no less than the prison bars”

                    Professor Zelman Cowen, 1969
            “The Private Man”, ABC Boyer Lectures
Privacy is recognised globally
as a universal value
“No one shall be subjected to arbitrary
interference with his privacy, family,
home or correspondence, nor to
attacks upon his honour and
reputation. Everyone has the right to
the protection of the law against such
interference or attacks.”

            Universal Declaration of
            Human Rights, 1948, Article 12
Dynamic and changing environment
     Past               Present             Future

• Photography   • E-commerce & Internet
• Printing      • Surveillance activities
  press
                • Locational technology
• Business
  practices     • Information data banks
                  – Direct Marketing
                                             ?
                • Biometrics
                • Genetic
Privacy and the Community
90% of respondents view each of the following
as privacy invasive:
95%   business with which you have no
      dealings obtains your details
90%   monitoring of Internet usage without the
      individual’s consent
94%   using personal details for a purpose other
      than intended
93%   asking for details irrelevant to the
      transaction
Privacy and Business
95%   considered customer
      privacy to be very
      important or important
80%   dependent on ability to
      protect customer
      information
19%   commenced preparation
      for the legislation
Privacy and Government
77% felt privacy was very
    important to their agency


77% felt it was very important
    to their clients


Ranked privacy equal first with
efficient service as a component
of client service.
What is Personal Information ?

“information or an opinion…about an
individual whose identity is apparent, or can
reasonably be ascertained, from the
information or opinion”
                              Privacy Act 1988
Consent
• What is meant by consent?
   – How does consent work in practice?
   – Components – freely given, informed, specific & voluntary?
   – When can consent be construed from lack of action?


• What to do when there is little or no choice


• Privacy Illustrations
   – Electoral Roll
   – Tax File Number
Genetics and Privacy
• DNA influences:
   – nature of our bodies
   – diseases
   – our mind and our way of thinking
• Genetic Information – shared with close   Genetics Inquiry
  relatives                                 Australian Law
   – challenges individualistic basis of        Reform
     data protection law                    Commission and
                                             the Australian
   – Junk DNA (already know it reveals       Health Ethics
     susceptibility to type one diabetes)
                                               Committee
Privacy Act 1988 and the
Privacy Amendment (Private Sector) Act 2000

• Legislated privacy protection for personal
  information
   – Many organisations already covered by credit
     and TFN provisions
• 10 High-level National Privacy Principles
   – Technology-neutral


  21 December 2001
www.privacy.gov.au