US President’s counseller is looking into Big Data and Privacy

March 24, 2014

Big Data as a defined term is something of a portmanteau, something of a catchall term. The MIT technology review picked up on this in The Big Data Conundrum: How to Define It? where it identified 6 definitions of the term being:

1. Gartner. In 2001, a Meta (now Gartner) report noted the increasing size of data, the increasing rate at which it is produced and the increasing range of formats and representations employed. This report predated the term “dig data” but proposed a three-fold definition encompassing the “three Vs”: Volume, Velocity and Variety.This idea has since become popular and sometimes includes a fourth V: veracity, to cover questions of trust and uncertainty.

2. Oracle. Big data is the derivation of value Read the rest of this entry »

Anonymity and pseudonymity under the new changes to the Privacy Act

In Want to be anonymous? Now you have a right to be the Age reports on Australian Privacy Principle 2, the general right to anonymity and pseudonymity.  It is an important right and one that is not properly understood by many business organisations, as the article makes clear.  As with much of the new regulatory regime it is important for the Privacy Commissioner to put muscle behind the APPs and their accompanying guidelines.

It provides:

Australian citizens now have the right to remain anonymous or use a pseudonym when interacting with government agencies, private health service providers, and large organisations under new privacy laws.

The Australian Privacy Foundation says the laws, which came into effect on March 12, are a huge win for those who don’t wish to use their real identity when interacting with organisations and companies that have a turnover of more than $3 million a year.

The law states individuals “must have the option of dealing anonymously or by pseudonym”.

There are a number of Read the rest of this entry »

Surveillance devices and the law

March 21, 2014

The Age has had quite a good track record in covering privacy issues in a reasoned way, such as  its editorial The primacy of internet privacy on 9 March 2014.  It has Read the rest of this entry »

Something different…Apps to protect privacy

March 17, 2014

Apps as a bread tend to be sinkholes of data leakage and privacy breaches.  App developers are often not caught by the operations of the Privacy Act and they tend to focus on data collection as a priority over the establishing systems to store and protect the data being collected.  In itnews The 10 apps you need to keep prying eyes away from your mobile messages and data the article focuses on those apps which provide privacy protections.  A very interesting and practical guide.

The article, in slide format, provides:

Wickr is often Read the rest of this entry »

Banks privacy policies reflect the flexibility of the Australian Privacy Principles and the Guidelines

Zdnet’s Playing by the rules: Australia’s banks and the privacy reforms reflects how similarly sized organisations in the same sector approach drafting their respective privacy policies.  Not massive differences but enough to show that in drafting the APPs cana be in the eyes of the beholder.   How the Privacy Commissioner approaches Read the rest of this entry »

Welcome appointment of Helen Lewin as Victorian Deputy Privacy Commissioner of

March 16, 2014

The acting Victorian Privacy Commissioner announced the appointment of Helen Lewin as the Deputy Privacy Commissioner (see here).

I had the pleasure of being on a panel with Ms Lewin during a privacy seminar on 22 March 2012.  She chaired the session.  I was presenting on federal reforms, then mooted, to the Privacy Act and recent cases and a possible statutory right to privacy.  She is competent, effective and very pleasant to deal with.  She will be a credit to the office.

Australian Law Reform Commission discussion paper into invasions of privacy to be released this Wednesday 19 March

The long awaited discussion paper into Invasions of Privacy is to be released on 19 March.  It will be interesting to see what new perspectives it will provide on an issue so comprehensively covered in the ALRC’s 2008 report For Your Information: Australian Privacy Law and Practice (ALRC Report 108).  It is likely to recommend a statutory right of privacy, much as every Law Reform Commission has done when reviewing privacy issues in the last 30+ years, but also look at the patchy, inconsistent between jurisdictions, inadequate and sometimes obsolete surveillance legislation that exist at both a state and Commonwealth level.  If the Commonwealth Government baulks at introducing a statutory right of privacy, which will have to be for non legal reasons, it can at least focus on reforming the surveillance regulation which is fast falling into disrepute.

On the surveillance question the Privacy Commissioner has Read the rest of this entry »

Age does a recap article on what drones are, what they are doing, what they are likely to do and the impact on all of us

In Drones: Sky’s the limit for airborne snoopers the Age does a brief overview of the issues that the burgeoning use of drones raise (pardon the pun).  Not a bad quick overview of the technological issues but nothing I haven’t covered in the last two years of postings on drones (here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, and here). A worthwhile contribution.

There is uncertainty of the number of drones are in use in Australia (or America) and who is operating them.  Drones can be Read the rest of this entry »

Meta data and privacy risks and the Privacy Act 1988

March 14, 2014

It has long been suspected, and demonstrated in US academic journals, that the combination of metada and algorithms can identify individuals and be damaging personal privacy.  In that context the attraction of police and security agencies requiring or wanting to require telcos and ISPs to store records, whether of phone numbers or browsing history is concerning. There have been a steady stream of stories throughout 2013, spartked by the Snowden revelations.  The Australian Federal Police are seeking more powers to access metadata, as reported by the ABC in Australian Federal Police calls for more access to metadata to snare criminals.  Without proper safeguards having a authorities accessing individual’s metadata without proper cause is a concern.  The most recent attempt by authorities to store data is found in zdnet’s repoort What a croc: NT Police data retention proposal ‘overreach’.

It provides:

Northern Territory Police’s call for ISPs to be forced to retain their customers’ web browsing history for two years has been labelled as a massive overreach by Read the rest of this entry »

New changes to Privacy Act leads to increased transparency on data flows… and maybe varying interpretations as to how the APPs and Guidelines operate

March 13, 2014

The amendments to the Privacy Act are one day old but the changes are already becoming apparent.  At least in terms of disclosure of where data sent offshore is going.  That is an obligation under the Australian Privacy Principles (the APPs), in particulars APP 1 and 8.

Itnews in Aussie blue-chips reveal extent of data offshoring has done a quick review based on disclosures to date.  It is an excellent article.  The United States leads the pack in terms of destination of data followed by United Kingdom, India and Phillipines (no doubt call centre and support service oriented). New Zealan , Singapore and Chine.  The piece also shows how companies are interpreting the requirements set out in the APPs regarding disclosure with Coles being on the open side while Westfield and Holden being more opaque.  Clearly this is a matter requiring consideration by the Privacy Commissioner in the short to medium term.  If organisations and agencies feel Read the rest of this entry »