ANZ Dashboard Digest

A new approach to notice and consent has been around for at least a couple of years now. The Microsoft whitepaper was released late 2012, and several subsequent books by privacy thought-leaders have developed this theme, which makes sense. Individuals ought to be given the opportunity to shape their profiles and to have a role in transactions involving their data, and notice and consent will no longer suffice. Equally, entities that stand to benefit from the information should protect their source if they wish to guarantee the future supply of valuable data.

If this approach is accepted, some of the stories this week indicate that there is still a long journey ahead. Whilst many entities still appear to treat privacy as a compliance issue, and one where boundaries should be pressed, others continue to succeed based on adoption of the new approach. It will be interesting to see how this divide plays out in terms of commercial success. That other old chestnut of balancing the right to information against the right to privacy also gets some play this week in the opinion piece titled “Privacy starts to bite.” To hear all about it and ask your own questions of the experts, make sure you book your place at our Privacy Awareness Week breakfast discussion on 6 May as debate on the Australian Law Reform Commission paper on serious invasions to privacy in a digital age continues.

A safe and very Happy Easter to you all,

Emma Hossack
President
IAPP ANZ

Top Australia and New Zealand Privacy News

EMPLOYEE PRIVACY

Companies Plan Social Network Monitoring Programs (May 31, 2012)

Research firm Gartner says digital surveillance in the workplace is on the rise, ZDNet reports. Companies are aiming to increase their watch on employees' social networking use, Gartner says, and about 60 percent of corporations will have programs in place to monitor accounts for security breaches and data leaks by 2015. But there are risks of going too far, the report states, such as if an employer were to visit a Facebook page to review an employee's sexuality or marriage status. Meanwhile, CBR also reports on employers' social network monitoring, citing U.S. lawmakers' proposed legislation on the matter and a lack of clarity when it comes to UK laws.
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PRIVACY LAW

Some Authorities Push Ahead, Others Back Off Google Inquiries (May 29, 2012)

Bloomberg reports Google may face further action from the UK Information Commissioner's Office following the U.S. Federal Communications Commission (FCC) report on Google's Street View data collection practices. Australian Privacy Commissioner Timothy Pilgrim, however, says his office will not launch a second investigation after examining the FCC report. Meanwhile, two U.S. legislators have called on the U.S. Justice Department to consider looking further into the matter. "Previous statements and testimony from Google indicated that the privacy violation was unintentional, but a recent investigation by the Federal Communications Commission casts doubt on those statements," said Reps. John Barrow (D-GA) and Frank Pallone (D-NJ).
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PRIVACY LAW—AUSTRALIA

Parliament Sees Privacy Act Reforms (May 25, 2012)

COMPUTERWORLD reports that reforms to the Privacy Act 1988 have been introduced to Parliament. The introduction comes six years after the Australian Law Reform Commission began its inquiry. Changes include increased regulation of personal information for marketing purposes; extending privacy protections to unsolicited information; restrictions on sending personal information overseas; improved consumer access to their personal data, and additional protections on e-health information, the report states. Changes to credit reporting and an increased ability for data sharing with authorities and healthcare providers are also included in the reforms.
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DATA LOSS—AUSTRALIA

Telstra Announces Hacking Incident (May 25, 2012)

Telstra has announced that one of its third-party contractors was hacked, exposuring 35,000 user names, e-mail addresses and encrypted passwords belonging to users of its Big Pond Game Arena and Games Shop, reports The Sydney Morning Herald. Privacy Commissioner Timothy Pilgrim is investigating the incident. The announcement comes a week after Scott McIntyre, Telstra's security operations senior technology architecture specialist, spoke at a security conference about last year's breach that exposed 800,000 Telstra customer records. McIntyre called the breach an "eye opener," saying, "even with all of the controls, all it takes is one little oops, one thing of 'hmm.' Next thing you know, you've got a problem like this."
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DATA LOSS—NEW ZEALAND

Breach Victim Unsatisfied with Response (May 25, 2012)

The Dominion Post reports that a victim of multiple ACC privacy breaches is disappointed that no action has taken place to change the organisation's data handling practices. The privacy commissioner is investigating the agency, and according to a letter to the victim from Assistant Commissioner of Investigations Mike Flahive, if the agency's practices are not up to Privacy Act standards, it would be dealt with through "an agreement with the commissioner," the report states. The victim has received apology letters from the company but says, "Had they listened to the concerns of complainants way back, then we may not have been in the position we are in now."
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BIOMETRICS—HONG KONG

Commissioner Releases New Fingerprint Collection Guidance (May 25, 2012)

In light of the growing popularity of fingerprint scanners in capacities unrelated to law enforcement, Privacy Commissioner for Personal Data Allan Chiang has published updated guidance for data users that plan to collect fingerprint data. The guidance includes tips on how to decide whether to collect fingerprint data, conducting a privacy impact assessment and what to do after deciding to collect fingerprint data.
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PRIVACY LAW

International DPAs Meet on Enforcement (May 24, 2012)

A dozen privacy enforcement authorities from around the world met at a two-day event in Montreal last week to explore ways to cooperate on enforcement. In this exclusive for The Privacy Advisor, Sophie Paluck-Bastien reports on the efforts of the temporary working group formed under the Resolution on Privacy Enforcement Co-ordination at the International Level adopted at the 33rd International Conference of Data Protection and Privacy Commissioners last year. "The group agreed that there is nothing to be gained from a dozen authorities investigating the same incident in silos and everything to be gained from them using their limited resources in a concerted fashion," Paluck-Bastien writes.
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BIG DATA

Kaspersky: Too Much Data Is Collected (May 23, 2012)

Speaking at a conference this week, Kaspersky Lab CEO Eugene Kaspersky warned that too much data is being collected about individuals, COMPUTERWORLD reports. "We can forget about privacy," he said, adding, "There's no privacy anymore." Kaspersky said the increased use of CCTV and online tracking makes it "a national security issue," and argues that this kind of "data can be used not just against people but against nations." The IT security expert advocated for regulation. "We should make it forbidden to collect so much information about you," Kaspersky said.
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PRIVACY LAW

CNIL To Sit Down with Google (May 17, 2012)
French data protection authority CNIL has scheduled a meeting with Google to more closely examine changes to the company's privacy policy, BBC News reports. The company consolidated its 60 privacy policies into one in March, prompting the CNIL to ask questions on the legality of the move and on how user data would be shared. The CNIL says it was not satisfied with the company's answers and wants to "untangle the precise way that specific personal data is being used for individual services and examine what the benefit for the consumer really is," said CNIL's president.

SOCIAL NETWORKING

What Does Facebook’s IPO Mean for User Privacy? (May 17, 2012)

CNET News reports on what going public means for the privacy of Facebook's users. The Center for Democracy & Technology's Justin Brookman said the company's focus on revenue leaves user privacy uncertain. The American Civil Liberties Union of Northern California's Chris Conley said, "The fact that they're going public and going to be a public company could enforce trust," or they risk losing revenue. Sarah A. Downey, an online privacy analyst at Abine, says users' expectations have changed. "The assumption in 2004 was that people wanted to be private and would set things to public," she said. "Now, Facebook assumes that all activity will be public."
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DATA RETENTION—AUSTRALIA

Senate Committee Halts Data Retention Review (May 17, 2012)

The Parliamentary Joint Committee on Intelligence and Security has decided that it will not accept terms of reference about a data retention plan proposed by Attorney General Nicola Roxon, ZDNet Australia reports. In a statement, the committee said it is “considering related issues before formally deciding to commence the inquiry.” According to the report, committee officials may meet with intelligence representatives to think about possibly widening the scope of the potential inquiry.
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SURVEILLANCE—VICTORIA

Police Considering Drone Use (May 17, 2012)

Law enforcement authorities in Victoria are considering the use of unmanned drone surveillance, and the Australian Federal Police have expressed interest in the technology as well, The Sydney Morning Herald reports. The president of Liberty Victoria warned that the aircraft could potentially increase surveillance on political protests and private activities. A representative from the Association for Unmanned Aerial Systems Australia said privacy-intruding technology already exists, adding, “This sort of activity has been going on for years.”
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DATA LOSS—NEW ZEALAND

Privacy of 100 ACC Clients Compromised (May 17, 2012)

The private data of more than 100 Accident Compensation Corporation (ACC) clients was compromised after it was mistakenly sent to the incorrect recipients, Stuff.co.nz reports. An ACC representative said he was “deeply apologetic,” adding, “It was a group of people; there were some employers, some self-employed and some large corporations.” The ACC is currently being investigated by the Office of the Privacy Commissioner for a separate incident.
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DATA THEFT—AUSTRALIA

Small Businesses Often Victimised by Hackers (May 17, 2012)

The Sydney Morning Herald reports that, according to one expert, the number of data breaches is at least double the number reported to the Australian privacy commissioner. Many of the victims are small businesses that do not have robust data protection measures in place. “It’s pretty tough for a small business,” the expert said. “So any extra work that they have to do that’s not selling their stuff is not a priority to them.”
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BIG DATA—AUSTRALIA

Data Mining Is Boon for Young Professionals (May 17, 2012)

The Sydney Morning Herald reports on the rise of advanced data mining techniques. One technology entrepreneur said places like Silicon Valley are “Big Data mad,” adding, “Industries like banking, insurance and increasingly pharmaceuticals are competing on the back of predictive models that get built” by mining data. In addition to improving day-to-day business operations, data mining helps construct predictive models for consumer behavior, the report states, and the call for young professionals to build these models is growing.
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ONLINE PRIVACY—AUSTRALIA

Delving Into the Blurry Line Between Public and Private Lives (May 17, 2012)

The overarching theme at this year’s Sydney Writers Festival is the “increasingly blurred line between our public and private lives,” The Australian Financial Review reports. Surfing the Internet “leaves a trail to an intensely seductive honeypot for advertisers and law enforcement agencies alike," the report states. At the festival, philosopher A.C. Grayling suggested that worrying about an Orwellian society may not be the correct perspective in a democracy, but being vigilant about the risks of losing privacy should remain in view.
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CLOUD COMPUTING—AUSTRALIA

Remote Storage Is Convenient But Often Comes at a Cost (May 17, 2012)

The Australian reports on the convenience and risks of cloud computing and why it’s important for businesses to read the terms of service of their cloud computing vendors. If organisations do not know the “ins and outs” of their service contract, they can often face data storage fees and privacy breaches by other governments or businesses. (Registration may be required to access this story.)
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MOBILE PRIVACY

Security, Sharing Concerns Persist (May 11, 2012)

A NetworkWorld report looks at the "Trusted Mobility Index" survey of more than 4,000 IT professionals and mobile users in the U.S., UK, Germany, China and Japan who reported "abundant use of mobile devices but profound concerns about security and how employee-owned devices ought to be used for business purposes." Meanwhile, a survey for Intel Corporation on "mobile etiquette and digital sharing showed that 90 percent of Americans think too much is being divulged and nearly half feel overwhelmed by all the all the data that is out there."
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PRIVACY LAW—AUSTRALIA

Pilgrim Considering New Google Investigation (May 11, 2012)

Australian authorities are among those considering taking further action against Google following the U.S. Federal Communications Commission (FCC) report on the company's Street View privacy breach, reports the Australian Financial Review. Privacy Commissioner Timothy Pilgrim said his office will review the FCC report over the next three weeks before deciding whether to take action. While Pilgrim's office found Google guilty of breaching the Privacy Act in 2010, the incident was deemed "inadvertent" when handed to Australian Federal Police (AFP). "Once we've had a look at the FCC report, we'll make a decision on whether we need to talk to any other agencies such as the AFP," Pilgrim said.
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EMPLOYEE PRIVACY—NEW ZEALAND & AUSTRALIA

Password-Sharing Concerns Commissioner; Employees Fired for Online Comments (May 11, 2012)

Speaking to MPs on the Justice and Electoral Select Committee, New Zealand Privacy Commissioner Marie Shroff said the growing practice of employers demanding job applicants' social networking passwords is a concerning trend, The New Zealand Herald reports. "My preliminary view is that it is undesirable to use that kind of pressure in any kind of application situation," Shroff said. Meanwhile, The Sydney Morning Herald reports on cases where employees were fired for comments made on social networking sites.
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DATA LOSS—NEW ZEALAND

ACC Breach Victim Says She Was Blackmailed (May 11, 2012)

One of the victims of the Accident Compensation Corporation (ACC) breach involving the loss of nearly 9,000 records says she was blackmailed by the individual who accidentally received her personal details in the mail, The New Zealand Herald reports. The woman says the man contacted her over an eight-month period in an attempt to extort money from her. She adds the ACC has not taken the breach seriously. The ACC says it is investigating the matter, as are police and the privacy commissioner's office. "These investigations are examining ACC's privacy processes and its governance," the report states.
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CLOUD COMPUTING—AUSTRALIA

Acting Privacy Commissioner Warns of Risk Liability (May 11, 2012)

Organisations that store data in the cloud could find themselves in legal trouble if the privacy of Australian citizens is compromised as the result of a breach. That's according to Anthony Bendall, acting privacy commissioner at the Office of the Victorian Privacy Commissioner, who recently spoke at a cloud computing event. "The threat to information privacy from cloud computing largely comes from an organisation's lack of control," Bendall said, adding that cloud service providers are "agents of the client agency or organisation--even if there's a contract between them," and if a data breach occurs, "the client agency or organisation remains responsible, and the enforcement of the Australian privacy legislation will apply," CSO reports.
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PRIVACY LAW—AUSTRALIA

Gov’t To Consider Telecom Reforms (May 11, 2012)

The Sydney Morning Herald reports on Australian Attorney General Nicola Roxon's announcement last week that the Australian government will seek public input on legislative reforms that could require telecommunications companies to retain data for "up to two years for parts of a data set." A parliamentary committee will soon review the proposal, which could include requirements for telecoms to store web browsing histories as well. Greens spokesman Scott Ludlam said he doesn't support the proposal, likening it to the postal service opening every mailed envelope, making a photocopy and putting it in a file cabinet "just in case you turned out to be a terrorist down the track."
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ONLINE PRIVACY—NEW ZEALAND

Shroff’s Office Launches Facebook Page for Outreach (May 11, 2012)

In a Q&A on Facebook, New Zealand Privacy Commissioner Marie Shroff discusses key messages for New Zealanders. It's clear there is still some "naivety" about what is private and what is not when it comes to social networking, says Shroff. The Office of the Privacy Commissioner recently launched its own Facebook page in order to "engage more with people--hear their concerns and answer their queries," Shroff says, adding that people "need to be aware of their privacy rights." Asked what her top privacy tip would be, Shroff says, "Password, password, password--make them strong, have different passwords for your different accounts, and change them every so often."
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ONLINE PRIVACY—AUSTRALIA

“Right To Be Forgotten Is Unachievable” (May 11, 2012)

Announcements last week by Attorney General Nicola Roxon that improvements would be made to privacy laws and national security legislation would be updated "run headlong into each other," opines Richard Ackland for The Sydney Morning Herald. Telecoms could be required to store computer, phone and tablet data for up to two years and permit police access. Ackland asks, "How secure would this retained data be? Would it be beyond hacking? Would it extend to e-mails and photos uploaded to social media sites? Why should government want to collect information about citizens who are suspected of nothing?" He adds, in a digital world, the right to be forgotten is unachievable.
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DATA PROTECTION

Cyber Insurance Not Yet Standard Practice (May 11, 2012)

The Sydney Morning Herald reports on the importance of cyber insurance, noting it's often overlooked despite IT's importance to modern-day business operations. "Insurance coverage for cyber risks should be a significant and growing concern for companies," said a recent report from risk advisory company Marsh. However, few small- and medium-sized companies purchase cyber insurance, which usually covers technical risks such as loss of data. "People just think 'it won't happen to me' or 'it's just another insurance cost,' and they don't really appreciate the risks," said Allan Manning, managing director at loss adjuster LMI Group.
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BIG DATA—NEW ZEALAND

Opinion: In a Big Data World, Privacy’s Importance Grows (May 11, 2012)

In an opinion piece for Stuff.co.nz, Mike O'Donnell opines on the impact of "Big Data" on New Zealanders' privacy. Big data--the trend of collecting increasing amounts of data and applying analytics capable of predicting human behavior--was a frequent topic of conversation at last week's Privacy Awareness Week events. Despite Facebook founder Mark Zuckerberg's suggestion two years ago that privacy is no longer a social norm, O'Donnell says the "backlash to that statement, together with highly publicised data breaches and the chilling effect of overzealous application of prescriptive data sampling, have made clear he was wrong."
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SOCIAL NETWORKING

Facebook Privacy Back in the News (May 7, 2012)

As Facebook prepares to take its stock public this month, "user privacy will have to be a major consideration for potential investors," The Washington Post reports. The company said in its recent U.S. Securities and Exchange Commission filing that changes in user sentiment about its "privacy and sharing," could have a negative impact. POLITICO reports on actions the company has taken in order to navigate through privacy issues. Meanwhile, a survey recently found that users are concerned with the site's "Timeline" feature, which automatically opts users in, and privacy concerns have been raised about the newest version of Facebook Messenger. (Registration may be required to access this story.)
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PRIVACY LAW—AUSTRALIA

Reforms Aim To Boost Privacy Protections (May 4, 2012)

Australian Attorney General Nicola Roxon announced this week measures that will tighten rules over organisations' use of personal information and provide the privacy commissioner with additional investigative powers, The Australian reports. The privacy commissioner will be able to order an organisation to cease certain conduct, pay compensation or take "reasonable actions to redress any damage," the report states, and the measures will allow for stricter regulation of personal data used for direct marketing or being moved out of the country. Roxon said, "In introducing these changes, the Gillard government is doing its bit to protect the privacy of Australian families." Privacy Commissioner Timothy Pilgrim said the new powers will allow him "to resolve major privacy investigations more effectively." (Registration may be required to access this story.)
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DATA PROTECTION—NEW ZEALAND

Shroff: Data Sharing Plan Needs Balance (May 4, 2012)

Privacy Commissioner Marie Shroff, in a keynote address this week, said that strong safeguards are needed for a proposed bill allowing private-sector entities to gain access to certain data currently only available to the public sector. While benefits to citizens are inherent in the data sharing, Shroff said, the government's role as a "boundary keeper" needs more development, reports Stuff.co.nz. Highlighting the need for public awareness and debate, Shroff said questions surrounding the use of data from a NZ Post survey mean "at the very least that we must be sceptical, questioning, and must examine our actions, as well as those of government agencies and commercial operators."
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DATA PROTECTION—AUSTRALIA

OAIC Releases Guidelines as Breach Numbers Rise (May 4, 2012)

Evidence shows data breaches are on the rise, putting individuals at risk for harm, warned Privacy Commissioner Timothy Pilgrim at an event to launch Privacy Awareness Week in Australia. Pilgrim said the Office of the Australian Information Commissioner (OAIC) was notified of 56 data breaches last year--compared with 44 the previous year--and opened an additional 59 investigations, The Sydney Morning Herald reports. The OAIC this week released updated guidelines to help businesses develop breach response plans. Though breach notification is not mandatory in Australia, Information Commissioner John McMillan said the "tide is moving" in that direction.
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DATA PROTECTION—AUSTRALIA

Study: Most Want Mandatory Breach Notification (May 4, 2012)

A study by the University of Canberra and eBay Australia found that 85 percent of Australians are in favor of mandatory data breach notifications, reports COMPUTERWORLD. Given recent significant breaches, Privacy Commissioner Timothy Pilgrim says he's not surprised by that finding. The study, which surveyed 700 Australians about how privacy perceptions affect their actions online, comes on the heels of the OAIC's revised voluntary breach notification guidelines. "I encourage businesses to look at our guide, which not only outlines how to respond to a breach but also how to avoid a breach in the first place by focusing on the security of their systems," said Pilgrim.
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ONLINE PRIVACY—NEW ZEALAND

Survey: User Privacy Concerns Up, Support Accountability (May 4, 2012)

According to a new UMR survey, concerns among New Zealanders about online privacy are growing, and a majority of respondents think public- and private-sector organizations should be held accountable for breaches of the Privacy Act, according to the Office of the Privacy Commissioner of New Zealand. Commissioner Marie Shroff said, "The survey shows that people are increasingly conscious of privacy while they're engaging online, so there are some lessons in here particularly for the Internet corporate giants." Approximately 88 percent of the respondents also said they wanted businesses punished for compromising personal information, reports COMPUTERWORLD.
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ONLINE PRIVACY—NEW ZEALAND

Forum Covers Big Data, Privacy Policies and More (May 4, 2012)

Minister of Justice Judith Collins spoke at a privacy conference this week about the proliferation of personal data online, saying that in the distant future posts and status updates may be accessible and warning that "personal information stored overseas is not necessarily protected from use and disclosure like it is in New Zealand," reports The New Zealand Herald. Other speakers included Bruce Schneier, chief security technology officer at British Telecom, who called data creation the "pollution problem of the Information Age" and said a lax attitude to online privacy may become this generation's biggest regret, the report states. Schneier and others pointed to incomprehensible privacy policies as a barrier to public understanding of how companies handle their data.
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DATA PROTECTION—AUSTRALIA

Survey: Businesses Unclear on Data Destruction (May 4, 2012)

A survey by the National Association for Information Destruction revealed that three in 10 organisations are not aware of their responsibilities related to the destruction and disposal of personal information, reports The Age. Slightly more than half of the 400 respondents said they have a formal policy for document destruction and security. Acting Victorian Privacy Commissioner Anthony Bendall voiced concern that so many businesses were unaware of their duties under privacy laws. "Part of our struggle is making sure that people understand that the privacy legislation deals with the whole information cycle. Not just use and disclosure, but collection right through to destruction," said Bendall.
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SURVEILLANCE—NEW ZEALAND

CCTV Cameras Capture Images of Text Messages (May 4, 2012)

The quality of CCTV cameras in the Rugby World Cup arena is so good that camera operators zoomed in close enough to read text messages on the phone of a spectator, according to Superintendent Grant O'Fee. TVNZ reports that speakers at a Wellington privacy forum discussed the concerns and benefits of this level of surveillance and its uses. Privacy Commissioner Marie Shroff noted, "If the text showed the person was plotting a riot or something, then it might well be legitimate for the police to use that under the coverage of exemption for law-enforcement activities," adding, "there are many, many great uses for the technology, and we just have to make sure we balance those."
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ONLINE PRIVACY—AUSTRALIA

Pilgrim: Distrust Leads Customers To Falsify Personal Details (May 4, 2012)

Privacy Commissioner Timothy Pilgrim said at a Privacy Awareness Week forum that consumers are being asked for too many personal details for simple transactions online, compelling them to give incorrect information, reports The Sydney Morning Herald. Pilgrim pointed to a recent study showing that 90 percent of Australians would like control over the use of their personal data online. According to Pilgrim, people are "finding ways to give incorrect information" online and "looking at doing that increasingly with other organisations," causing problems for those that rely on that data to be accurate.
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PRIVACY LAW—HONG KONG

Commissioner Raises Concerns About Amendment Bill (May 4, 2012)

Privacy Commissioner for Personal Data Allan Chiang has expressed concerns about specific language in the Personal Data (Privacy) (Amendment) Bill 2011, according to a press release. Chiang's concerns "are predominantly related to the regulation of the use of personal data for direct marketing and transfer/sale to third parties." Additional concerns expressed by Chiang include the commencement date pertaining to a grandfathering arrangement; written and oral indication of no objection, and tracing the source of personal data. "I have repeatedly urged the administration to confer on the data subjects a right to be informed of the source of their personal data by direct marketers, but to no avail," Chiang said. "I urge the administration to favorably reconsider the proposal."
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PRIVACY LAW

Regulators May Reopen Inquiries (May 4, 2012)

European regulators say they may reopen inquiries into Google's Street View project following the release of a U.S. Federal Communications Commission (FCC) report, The New York Times reports. Regulators in the UK, Germany and France may take action. Johannes Caspar, data protection commissioner of the German state of Hamburg, says the FCC report's revelations will have a big impact. "This is apparently a totally different situation than what we thought initially," he said, adding that it's time for data protection authorities worldwide to hold the company accountable. Questions have recently been raised about the role of data privacy within data-driven organisations. (Registration may be required to access this story.)
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SOCIAL NETWORKING

Organ Donation Feature Garners Applause and Warnings (May 4, 2012)

The announcement of Facebook's new feature allowing people to add organ donation status to their profiles has some lawmakers and organ donation advocates lauding the company, but Deven McGraw of the U.S. Center for Democracy and Technology warns that medical information on Facebook isn't protected under healthcare privacy laws, noting, "The sensitivity of health information underscores the need for there to be some baseline regulations on privacy protection to guard people." While one expert says a Facebook declaration is legal, questions remain, and privacy settings mean doctors may need to gain access to users' donation preference.
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