Policy Coordinator’s Report to the 2003 AGM – Nigel Waters
January 2003
Submission to Victorian Law Reform Commission (VLRC) on Issues Paper, Workplace Privacy. Inquiry re-commenced in October – discussion papers to be issued soon.
Submission to Office of the Federal Privacy Commissioner (OFPC) on draft Information Sheet Taking Reasonable Steps to Make Individuals Aware Personal Information about Them Is Being Collected.
February 2003
Letter to Leader of the NSW Opposition concerning coalition policy to remove tollgates from Sydney motorways, tunnels, and bridges. Followed up issue of lack of anonymous use option with federal and NSW Privacy Commissioners who both appear to have put this in the too-hard basket. Pursuing with RTA at year end.
April 2003
Submission to the National Health Privacy Working Group of the Australian Health Ministers’ Advisory Council on the draft National Health Privacy Code
May 2003
Several members attended OFPC Roundtable (separate report)
Graham Greenleaf and Nigel Waters attended meeting of the Federal Attorney-General’s Core Consultative Group on the Private Sector amendments to the Privacy Act (separate report)
Submission to Australian Casino Association on their draft Privacy Code of Practice No response – Code subsequently approved by Commissioner without reasons.
Letter to NSW Electoral Commissioner about political parties abuse of postal voting applications. NSW Electoral Commissioner replied in May – only partially satisfactory – missed the main issue – needs further follow up.
June 2003
Submission to Standards Australia on its draft Guideline Management of IT Evidence
Representative complaint to OFPC about Tenancy database TICA – several APF members involved. OFPC has issued a preliminary view finding several breaches of NPPs – awaiting response from TICA.
July 2003
Input to representative complaints to OFPC and ACA re provision of CLI to ISPs – (led by EFA) ACA are investigating – OFPC are waiting for outcome of ACA investigation even though some issues clearly separate.
Various members attended consultation as part of Privacy Impact Assessment for NOIE On-line Authentication project. Final Report of project including PIA (carried out by Roger Clarke) completed but yet to be released.
August 2003
Submission by Jeremy Douglas-Stewart on SA ID theft Bill – Detailed and complimentary reply from SA AG gave reasons why most of our suggestions are not appropriate, but says consideration will be given to including provision for court rectification orders. Bill introduced November 2003.
Submission to Joint Committee on the Australian Crime Commission Inquiry into Cybercrime. – no feedback to date.
September 2003
Biometrics Institute consultation on a proposed Biometrics Privacy Code of Practice. Nigel Waters attended a meeting on 3 September. Draft Code issued in December for comment by March 2004.
Submission to IIA on draft Cybercrime Code – acknowledgement but no feedback to date
ADMA application to ACCC for renewal of authorization for their Direct Marketing Code – Letter of concern sent in August supporting Chris Connolly’s letter – no further action.
October 2003
Submission to Parliamentary Committee on the Spam Bill 2003 – cited in Labor and Democrat minority reports. David Vaile also raised concerns in Fin Review Opinion piece. Bill subsequently enacted unchanged.
Signed up to international submission to ICANN on WHOIS facility.
Disclosure of Human Genetics information meeting. Melbourne 23 October – attended by Juanita Fernando – Report circulated.
November 2003
Letter of concern to the federal Privacy Commissioner about his approval in August of the Market and Social Research Privacy Principles – we were not aware of any formal consultation period and had not therefore had any input. Unsatisfactory response from OFPC – needs follow up of generic issues around approval of Codes.
Graham Greenleaf submitted position on Privacy and Personal Information Protection (Amendment) Bill 2003 (NSW) to Opposition parties in NSW Parliament. Upper House declined to pass – Parliament rose for the Summer without further progress.
Lindy Smith submitted comments to Privacy NSW on draft guidelines on the application of the Health Records and Information Privacy Act 2002
John Corker submitted response to Queensland DOT Smart Driver Licence consultation
Activities spanning several months
ACIF revision of Integrated Public Number Database Code of Practice – Nigel on Working Committee. ACA required review because of alleged abuses of directory information. After committee was unable to reach consensus and ACA has now taken over and will hold a consultation with a view to making a binding standard., covering Sensis (Telstra subsidiary) White Pages directory which was not subject to the Code. OFPC also actively involved. May eventually result in useful new privacy rules for directory data.
ACIF revision of Participant Monitoring Guideline – Nigel on Working Committee – AGs Dept taking a surprising but welcome hard line on need for express notice of monitoring. Code issued in December for public comment.
Several members attended meetings of Privacy NSW Roundtable, in February, June. Separate reports. Suspended in November in light of proposed transfer to Ombudsman, but may now be revived.
Nigel Waters and Jan Whitaker attended meeting of AUSTRAC Privacy Consultative Committee in March, August and November. Separate reports.
Nigel Waters
Policy Co-ordinator