The following article was published in "The Guardian", newspaper of the Communist Party of Australia in its issue of Wednesday, ApriÍ 19th, 2000. Contact address: 65 Campbell Street, Surry Hills. Sydney. 2010 Australia. Phone: (612) 9212 6855 Fax: (612) 9281 5795. Email: <[EMAIL PROTECTED]> Webpage: http://www.cpa.org.au Subscription rates on request. ****************************** Privacy laws to protect profits Businesses and other private sector organisations will be "encouraged" to follow a new set of "standards" in the collection, holding, use, disclosure and transfer of personal information under a Bill introduced in Federal Parliament on April 12. However, the main purpose of the Privacy Amendment (Private Sector) Bill 2000 is the protection of business interests, particularly those dealing in electronic commerce and the global information market. by Anna Pha Whether you use a credit card, write a cheque, rent a house, pay by EFTPOS, join a loyalty shopping scheme (e.g. Fly Buys), take out a mortgage or personal loan, join a private health fund, visit a doctor, take out insurance, make a tax return, receive social security payments, complete a consumer questionnaire, enter a competition -- data is being collected on YOU. The question of whether the data is collected or destroyed, whether it can be passed on or sold, how it is used, or its accuracy, is what needs to be dealt with in any new legislation. The Privacy Act 1988 (which this Bill seeks to amend) provides some rights in the public sector, but does not cover the private sector. But the Privacy Act has been effectively undermined by privatisation, with contracting out to the private sector and lack of security protecting data collections. New technologies have made it possible for the collection and cross-referencing of data, and the theft of that information, on a scale never before imagined. Governments have been under pressure from consumer and other organisations to extend privacy law into the private sector. But the Government's Bill falls far short of what is required. It is based on self-regulation and the adoption of codes of practice by organisations, rather than strict enforcement. The Bill "establishes national standards for the handling of personal information by the private sector", said the Attorney General Daryl Williams in his Second Reading Speech in Parliament, standards to "encourage and support good privacy practices". It provides a framework of principles on how personal data may be used, rather than whether it can be collected and used. After July 1, 2001 (July 2002 for small businesses) companies will need the consent of the customers concerned to sell or pass on information. There will not be any such obligation on information collected prior to that date. The media, political parties and employers (in relation to employee records) -- e.g. performance, behaviour, union membership, and health -- are exempt. They are free to collect, use and pass on information on individuals. The Bill completely overlooks the protection of genetic information, which, for example, could be used by life or health insurance companies to discriminate against people with a higher risk of a particular medical condition. It does, however, cover medical practices, pharmacies and health clubs, offering people the right to access their medical and other records and to correct information. But the main purpose of the Bill, is not the protection of personal information. As Williams points out, it is to ensure that Australia meets international obligations and concerns so that businesses operating out of Australia are not disadvantaged in electronic commerce and the global information market. The Bill draws on the Guidelines for the Protection of Privacy and Transborder Flows of Personal Data drawn up by economic think tank, the Organisation for Economic Cooperation and Development. It also aims to meet the European Union's directive restricting the transfer of personal information from member countries to other countries which do not have adequate privacy safeguards in place. Profit making on the internet is another reason for the legislation, the government responding to pressure from the finance and electronic commerce sectors who want to overcome public concerns about the security of personal information when doing business on the internet. "This concern, if not addressed, has the potential to significantly influence consumer choices about whether or not to participate in electronic commerce", said Attorney General Williams. -- Leftlink - Australia's Broad Left Mailing List mailto:[EMAIL PROTECTED] http://www.alexia.net.au/~www/mhutton/index.html Sponsored by Melbourne's New International Bookshop Subscribe: mailto:[EMAIL PROTECTED]?Body=subscribe%20leftlink Unsubscribe: mailto:[EMAIL PROTECTED]?Body=unsubscribe%20leftlink
LL:ART: Privacy laws to protect profits
Communist Party of Australia Wed, 19 Apr 2000 03:46:35 -0700
