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This
mid-2001 paper appears courtesy of Mark Berthold.
(Other papers by Mr Berthold are here.)
It examines the role of privacy in promoting
e-commerce and the responsibilities arising for online
businesses. It attempts to state the position as at 1
October 2001. The paper specifically considers the importance
of websites posting adequate privacy policies and complying
with them.
Introduction and overview
In Australia no less than elsewhere in the global economy,
creating and implementing a privacy policy has become
both a business and legal necessity. Factors include:
-
documented consumer demand for credible
assurances of the online protection of personal information.
-
the extension of the Privacy
Act to Australian businesses from 21 December 2001.
From that date Australian businesses that have previously
ignored the e-commerce imperative to adopt and implement
privacy policies will risk contravening the new law.
- the proactive approach adopted by the
Australian Competition & Consumer Commission (ACCC)
in promoting website standards of fair conduct.
- insistence by the European Union on adherence
to its privacy standards by businesses in Australia
and elsewhere seeking to process personal information
of EU citizens.
It
will be seen that website privacy policy statements ('privacy
notices') play a key role whether online 'privacy' is
viewed primarily as a human right, as a tradable commodity,
or as simply an issue that needs to be addressed if e-commerce
is to flourish.
Not posting a website privacy notice is only an option
for the indeterminate number of small businesses which
will not be subject to the Privacy Act and which wish
to ignore extensively documented online privacy concerns.
Once uploaded, not only the Privacy Act but also the fair
trading requirements of the Trade
Practices Act and common law duties come into play in
requiring adherence to the privacy policies the website
proclaims.
Part
A: Online Challenges
- What is 'privacy'
- Internet privacy - the nature of the debate
- Online privacy perils
- Anonymity and the Internet
- Consumer concerns about privacy online
- Website privacy statements - few are adequate
Part
B: The Law Of Privacy
- Common law protections of privacy
- Trade Practices Act
- Privacy Act
- Raising the bar: Europe and the Privacy
Act
- The US-EU safe harbor privacy accord
- Australia and the EU Directive
Part
C: Solutions
- Drafting website privacy policies
- Privacy seal programs
- Conclusion
- Notes
Part D: Notes
next page (Part
A - Online Challenges)
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