Growing concerns over digital privacy
Monday 14 October 2013 @ 8.47 a.m. | IP & Media | Legal Research | Torts, Damages & Civil Liability
The issues surrounding privacy in the digital age remain at the forefront of public debate. Facial recognition software is improving, Facebook is a part of our daily lives, and controversial new laws may compel internet and telecommunications providers to retain the records of all subscribers. But in response to the changing digital landscape, Australians are becoming increasingly knowledgeable about their privacy rights, with businesses at risk of losing customers if they underestimate how seriously consumers take their privacy.
The Australian Information Commissioner has released a new report, showing that 48% of Australians believe online services such as social media form the greatest risk to privacy.
Even more alarming for businesses: over 60% of respondents say they haven’t dealt with an organisation because of privacy concerns. With the practice of data collection growing across a number of industries, this finding could be significant for businesses small and large in all sectors.
The finding comes as a warning that businesses should familiarise themselves with the coming changes to privacy laws next year. From March 2014, for instance, businesses sending information overseas will be obligated to disclose where that information is going.
But it's not only businesses that should take note.
A parliamentary inquiry earlier this year into Australia's telecommunications interception laws included a look at a proposal requiring Australian telco providers to retain metadata for up to two years.
Outgoing Australian Crime Commission chief executive John Lawler has said the proposed scheme is crucial in the fight against organised crime. But while the changes are backed by ASIO, they have attracted harsh criticism from privacy advocates and industry specialists, who have cited both the cost to the industry and to individual privacy as reasons why the plan should not go ahead.
There can be no doubt that privacy is a hot button issue at the moment, with NSW Privacy Commissioner Dr Elizabeth Coombs interviewed recently as part of a Fourt Corners investigation, which examines how government agencies and private industry acquire data from people's everyday activities. The Commissioner has stressed the importance of public debate around privacy issues, and encouraged NSW public sector agencies to ensure they maintain good privacy practices.
In particular, the investigation looked into the Automatic Numberplate Recognition technology, launched by NSW police in 2009 as a means to photograph the number plates of every vehicle they pass on the state's roads.
"I think it's unlikely that the majority in the community are aware of the potential of that collection, and I think many would actually be quite taken by surprise that that is occurring," Dr Coombs said.
"To my mind this issue raises things which are fundamental in the legislation, and that's about transparency and accountability, and the matter that you're raising is one that I most certainly would be speaking further to police about."
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