Feb 21st 

http://www.oaic.gov.au/news-and-events/news/privacy-news/oaic-releases-app-guidelines

Hi there everyone,

So as has been a common theme in the class thus far, there seems to be a fairly sizable gap in what is considered ethical, or at least practical, uses of data and personal information, or what is considered private in an employer/governmental context. 

One of the issues I have personally identified with the current approach is that the law is not as flexible or interpretive as it makes itself out to be. I won’t deny that privacy interests and the effects of their interaction in jobs are being more readily addressed, such as the reality that the kinds of fundamentally necessary privacy protections are likely to become dated relatively quickly in society where technological advancements reflect a higher possible level of infringement, and unforeseeable new avenues for privacy infringements are consistently developed. However, I think that one of the major problems with having a legal system which supposedly reigns over personal interests and ‘rights’ in the context of privacy is that these interests are constantly being pushed in new a varied, and the qualifications for whether or not they have been ‘infringed’ is often subject to a rule or list of principles that becomes dated almost as quickly as the protected interests themselves. Thus, the supposed legal solution to the rapidly-advancing realm of privacy and is limited in precisely the same way as gives rise to these issues in the first place. 

Keeping that in mind, I think the problem is most likely a fundamental one, since one of the realities of the legal system, and particularly the dialogue between the judiciary and the legislative or executive branches, is that the law cannot be changed on a whim, and nor can the propose changes to it necessarily withstand this interactive system.

Following that idea, I wanted to call attention to the OAIC (Office of the Australian Information Commissioner), who just released the “Australian Privacy Principles” guidelines. I think lifting a quote would be the best illustration of what this is all about...

“The APPs are a single set of principles that will cover both the public and private sectors when amendments to the Privacy Act 1988 (Privacy Act) made by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 come into force.”

“The APP guidelines not only outline minimum compliance requirements, they also provide practical examples of best practice.”

What do you guys think of this more flexible set of ‘principles’ to guide legislation concerning privacy? Personally, I think Canada could benefit from something like this. I might be completely ignorant here but I believe that Canada seems to drive most of the areas which the law deals with through the same guiding principles (justice through balancing of interests, procedural fairness, public safety, etc.). Don’t you think that we might benefit from a set of guidelines particularly tailored to privacy, since privacy is such a fluid and rapidly-expanding field, while changes in law are overwhelmingly incremental?

Alright, that's all for now folks!