Privacy Law Resources

Privacy has moved from being a relatively obscure civil liberties issue to becoming a critical building block for Australia's information economy. It is also a part of Australia's competitive positioning in the global information economy. The legal protection of personal information reflects public expectations, and for this reason businesses must think of not only how to meet their forthcoming legal obligations, but also to consider whether they handle sensitive personal information and what their customers expect from them. In that sense, privacy should be seen as a strategic challenge and opportunity, and not just a technical issue of legal compliance. In order to build consumer trust, manage information effectively and avoid any privacy landmines, businesses need to ensure that they align their privacy strategy to their broader strategic direction.

With only months remaining until the amendments to the Privacy Act come into effect, it is worth noting that those organisations which do not have all of their information practices in order by December 21 are unlikely to face grave problems immediately. However, there will be a significantly increased risk after 21 December and it is important that organisations work strategically to minimise their risks and to focus on how they can meet customers' expectation that their personal information will be respected and that they will remain in control of it. This is the fundamental issue at the heart of the new era in privacy safeguards which will commence in coming months.

^[1] Tim Dixon, Baker & McKenzie Global Privacy Group Sydney tim.dixon@bakernet.com
^[2] Privacy Committee Act 1975 (NSW)
^[3] Westin, A. Privacy and Freedom, New York, 1967, p39, quoted in Goldman, J. Privacy and individual empowerment in the interactive age , paper presented at the Visions for Privacy in the 21st Century conference, Victoria, British Columbia, May 9-11 1996, p26
^[4] Trubow, G. Protocols for the secondary use of personal information, unpublished paper, John Marshall Law School Centre for Informatics Law, February 22 1993, p4
^[5] Privacy Commissioner, Guidance notes to the National Principles for the Fair Handling of Personal Information, January 1999
^[6] Explanatory Memorandum to the Privacy Amendment (Private Sector) Bill 2000
^[7] AS4269-1995
^[8] Tim Dixon, Surveys confirm high public concern about privacy , 2 Privacy Law and Policy Reporter 1995 vol. 9
^[9] Ernst & Young, "Virtual Shopping in Australia: An Ernst & Young Special Report" January 2000
^[10] OECD Guidelines covering the protection of privacy and transborder flows of personal data, Paris, 1980