A recent European Union Court decision signals “the right to be
forgotten” is gaining momentum. The Court fined Google 900,000 Euros
(A$1.32 million) and ordered links to outdated newspaper articles be
removed from search results on the basis the links were a breach of
privacy. The decision has ramifications for search engines, online
publishers and media outlets in the EU, as well as for Australian
organisations with EU operations. In Australia, the decision highlights
the tension between the right of individuals to protect the privacy of
their personal information and the realities of privacy in the digital
era.
DOES THE SAME RIGHT EXIST IN AUSTRALIA?
The short is answer is “no”.
The Australian Privacy Principles contained in the Privacy Act focus on the rights of individuals to access and correct personal information held by an Australian organisation or agency, and the requirements for personal information to be kept up-to-date during its lifecycle and then destroyed (or put beyond use) if it is no longer needed for a legitimate business purpose.
An individual does not, currently, have a right to request that the organisation delete personal information.
The recent Australian Law Reform Commission’s discussion paper on “serious invasions of privacy” recommends that such a right be introduced as a new APP. Submissions to the ALRC paper closed on 12 May 2014 and we await its recommendations.
Australian organisations conducting business in the EU should be aware they may be bound by EU data protection laws generally. As such, the privacy compliance programs of these organisations may now need to include measures to address this “right to be forgotten”.
full article at ACC http://www.lexology.com/library/detail.aspx?g=f61b3380-b67e-4908-b866-64297f02e623
DOES THE SAME RIGHT EXIST IN AUSTRALIA?
The short is answer is “no”.
The Australian Privacy Principles contained in the Privacy Act focus on the rights of individuals to access and correct personal information held by an Australian organisation or agency, and the requirements for personal information to be kept up-to-date during its lifecycle and then destroyed (or put beyond use) if it is no longer needed for a legitimate business purpose.
An individual does not, currently, have a right to request that the organisation delete personal information.
The recent Australian Law Reform Commission’s discussion paper on “serious invasions of privacy” recommends that such a right be introduced as a new APP. Submissions to the ALRC paper closed on 12 May 2014 and we await its recommendations.
Australian organisations conducting business in the EU should be aware they may be bound by EU data protection laws generally. As such, the privacy compliance programs of these organisations may now need to include measures to address this “right to be forgotten”.
full article at ACC http://www.lexology.com/library/detail.aspx?g=f61b3380-b67e-4908-b866-64297f02e623
No comments:
Post a Comment
Hi and thank you for your interest in sharing your view.
Please be aware that your message should follow the rules of creative criticism and knowledge/ideas sharing. No defamatory, insulting, hideous, hateful, inapropriate language or targeted messages would be posted.No trademark or IP violation will be allowed nor the promotion of any commercial services or products. Of course anything that can violate others' privacy is not allowed as well.
Last, but not least, mind that it is better to have a discussion than angry monologues.
That is all. Comments welcome!