Upcoming Mallesons seminarsAustralia - Federal
The Internet Industry Association (IIA) has released a Draft Cybercrime Code of Practice for public consultation.
The Code, developed over 18 months by the IIA Cybercrime taskforce, defines the rights and responsibilities of Internet Service Providers in meeting their enforcement co-operation obligations in relation to co-operation with law enforcement, while preserving as far as possible, the confidentiality of their customers' personal information. The IIA sees the Code as forming day to day operational guidelines to enable ISPs to assist law enforcement and national security agencies in the execution of their duties.
A key element of the Code is a proposed retention period for transaction data of between six and 12 months. The IIA will also require all ISPs wanting to be party to the Code to sign up to the coverage of the Privacy Act - if they are not already covered - thereby giving the Privacy Commissioner powers and opening they way for compensation for any breaches.
The public consultation period for the draft Code ends on 21 August 2003. The Code is available from http://www.iia.net.au/cybercrimevt.html
Source: IIA Media Release and website
Biometrics Code
The Biometrics Institute is currently consulting stakeholders on a proposed Privacy Code of Conduct for use in application of biometrics in Australia. The Institute has engaged consultants to assist it with the consultations and drafting of a Code.
See: Biometrics Institute Privacy Code of Conduct website
Complaints rise under Federal Act
The total number of Privacy Act complaints received by the Office of the Federal Privacy Commissioner in 2002-03 was 1090 - up from 632 the previous year. Written enquiries were down by 300 at 2,400, while telephone hotline enquiries rose only slightly to 21,300.
Source: Complaints and enquiries statistics to end of June 2003
Following complaints about the handling of Telstra debts, the Federal Privacy Commissioner has negotiated voluntary changes to the debt collection practices of Alliance Factoring - a subsidiary of the credit reporting business Data Advantage. The changes include:
- Changing its letters of demand to give people a minimum of 28 days to contact the company.
- Giving people a further 14 days, from the time that people receive extra documentation from the company (such as old invoices or bills), before listing them as defaulters on the credit reference database.
- Being flexible about time lines when resolving the debt issue becomes complicated.
- Source: Federal Privacy Commissioner Media Release
Australia - States
The NSW Government has appointed Ms Julie Baker as Acting Privacy Commissioner for a month from 3 August. Ms Baker is an Assistant Director General of the Attorney General's Department and replaces another Assistant DG, Maureen Tangney, who has been acting since the resignation of Chris Puplick earlier this year. It is expected that a further acting appointment will be made for another 3-4 months, with the hope of an permanent appointment by the end of the year.
Source: Privacy NSW Media Release
Privacy in the movies in Victoria
Privacy Victoria, in collaboration with the Australian Centre for the Moving Image (ACMI) at Federation Square in Melbourne is holding the inaugural privacy film festival during Privacy Awareness Week- 29-30 August 2003. The films to be shown are Minority Report, Gattaca and The Truman Show. Each screening will feature a short introduction followed by a discussion with the Privacy Commissioner and invited guests.
Booking enquiries 03 8663 2583; and http://www.acmi.net.au/index.htm
International
Massive opt-out from US telemarketing
Over 30 million Americans have already registered with the new ‘do-not-call’ list administered by the Federal Trade Commission. The requirement not to telemarket to anyone on the list takes effect in October, and applies to interstate telemarketers. But there are but wide exceptions - common carriers (telcos); airlines; financial services; insurance, charities; churches, political parties; and marketing can still take place with consent (in writing, signed), or where there is an established business relationship (transaction within 18 months, or inquiry within 3 months).
See: National Do Not Call Registry homepage
European Direct Marketing Code
A new European Code of Practice for the use of personal data in direct marketing - the first Community wide Code of Practice under art 27(3) of Directive 46/95 - developed by the European Direct Marketing Association (FEDMA) and approved by Art 29 Working Party on 13 June. The Code aims to ensure consistency in compliance with all national laws and adds value on children's' privacy. The Code is media-neutral - applies to all forms of direct marketing, but the Art 29 WP has requested a further annex on electronic marketing.
The EU E-Communications Privacy Directive, EC 58/02, comes into effect on 30 October 2003.
This is also technology neutral - all e-marketing requires opt-in prior consent and minimum disclosure (= notification). The detailed implementation is left to national laws - the UK government is still consulting on draft regulations.
Source: Privacy Laws & Business conference, Cambridge UK, July 03
A report of the recent review by the European Commission is now available on-line. It concludes that there is no need for revision of the Directive
- most problems can be addressed by better implementation. The Commission is concerned about weak and inconsistent enforcement
- would like simpler and more uniform notification requirements (a feature absent from Asia-Pacific privacy laws), and greater use of discretion to exempt low risk areas. It would also like to see more harmonised implementation of disclosure provisions (what we call notification of individuals).
Source: Privacy Laws & Business conference, Cambridge UK, July 03
Prepared with the help of Nigel Waters, Mallesons consultant and former Deputy Privacy Commissioner.
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