Term paper on Australian Information Mangement Ethics And Law

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In the new electronic age, we are relying more and more on information technology to streamline government, educate our children, make health care more accessible and affordable, and make our businesses more productive and competitive. This rush to embrace a new age of technology must not, however, obscure the ongoing responsibility to protect important information and maintain the personal privacy of citizens.

There is increasing awareness, both in Australia and overseas, of the privacy implications of new information technologies. This has led to mounting pressure to ensure that those technologies are introduced in ways which respect the expectations of individuals in relation to the handling of their personal information.(Task Force, 1997)

The concept of privacy is "the expectation that confidential personal information disclosed in a private place will not be disclosed to third parties, when that disclosure would cause either embarrassment or emotional distress to a person of reasonable sensitivities" (Privacy Commissioner, 1995 ). Information is interpreted broadly to include facts, images (eg. photographs, videotapes) and disparaging opinions.(Privacy Commissioner, 1995)

In the past aswell as the present invasions of privacy had been treated as trespass, assault, or eavesdropping. Part of the reason for the delay in recognising privacy as a fundamental right is that most modern invasions of privacy involve new technology (eg. telephone wiretaps, microphones and electronic amplifiers for eavesdropping, photographic and video cameras, computers for collecting/ storing/ finding information). (Hilvert, 1997)

Before the invention of computer databases, one might invade a few persons' privacy by collecting personal information from interviews and commercial transactions, but the labor-intensive process of gathering such information made it impossible to harm large numbers of victims (Hilvert, 1997). Hilvert further stated, "storing such information on paper in file cabinets made it difficult to use the information to harm victims, simply because of the disorganized collection of information." Consequently, there is an overwhelming need to regulate privacy in the private sector.

Over the past 25 years, many countries have introduced privacy and data protection laws. In Australia, the Privacy Act already covers some private sector activities, with special rules in relation to credit reporting and tax file numbers (Privacy Commissioner, 1995). The Act also applies to Commonwealth and ACT government agencies and some private contractors handling personal information on behalf of government. It is soon be extended to all contractors. (Privacy Commissioner, 1995)

In March 1997 the Federal Government announced that it preferred voluntary self-regulation to address the issue of privacy, because of concerns about the costs of compliance with a legislatively based scheme. (Task Force, 1997)

The Scheme deals with the fair and responsible handling of personal information. Put simply, this means:

Informing people about why their personal information is being collected and what it is to be used for;

Allowing people reasonable access to information about themselves and to correct it if it is wrong;

Making sure that the information is securely held and cannot be tampered with, stolen or improperly used; and

Limiting the use of personal information, for purposes other than the original purpose, without the consent of the person affected, or in certain other circumstances.

(law.gov.au, 1999)

Then in February 1998 the Privacy Commissioner issued The National Scheme for Fair Handling of Personal Information, giving individuals more control over the way in which their personal information is handled, and ensuring they are treated fairly (law.gov.au, 1999). It also set out the opportunities for businesses and the responsibilities they carry and addresses a possible role for Government in setting the necessary enabling policy framework.

The scheme consisted of the three proceeding components:

Principles or standards for the handling of personal information;

Pocesses for business to `sign on' to the Scheme, and for promoting and monitoring compliance with the principles; and

Mechanisms for handling complaints about breaches of the principles, and providing effective remedies for people affected.

(law.gov.au, 1999)

Within the above time frame, a considerable amount of complaints and enquiries received by the Privacy Commissioner, in regards to the regular flow of media reports of cases of harm or distress that poor information privacy practices had inflicted on individuals. For example, Task Force (1997) remarked that there were more than 500 separate `privacy' items in national newspapers in the first six months of 1997.

Consumers wanted to know how the information they give to business will be used, and they want to be confident that their personal information will be protected against misuse. Like wise, Businesses wanted to build loyalty and trust with their customers by assuring them that their information will be handled fairly. They also want to be certain that their competitors will not either undermine the image of their industry, or put them at a commercial disadvantage,by misusing personal information. (Hilvert, 1997 )

Thus, policy makers were compelled by all sectors of society to review and update the Privacy Act 1998. An amended privacy legislation was introduced to parliament in 1999 to extend privacy protection across the private sector to corporate or unincorporated bodies through to individuals. (law.gov.au, 1999)

A dominate feature of the legislation deals with the management of private information. Information privacy concerns the handling of personal information, that is, information about a particular person or information that can be used to identify a particular person. The collection and use of personal information is essential to businesses, non-profit organisations, consumers and government: it is a very valuable resource. But it differs from other resources in two ways. It can be shared and used by more than one person at the same time, and it can be used for an unlimited number of different purposes (Hilvert, 1997). These...

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