Subject: Re: fly buys loyalty and right to remain anonymous or use a pseudonym when interacting with ... large organisations Dear XXXX At 21:05 +1100 24/3/14, XXXX wrote: >Is it likely this would assist me in requesting that 'pseudoidentifying' information be substituted for identifying information recorded about me by, eg. Coles in its Fly Buys loyalty program? >Is it likely this would assist me in requesting that 'pseudoidentifying' information be substituted for identifying information recorded about me by, eg. Coles in its Fly Buys loyalty program? Sorry for the delay in replying. It would be a very good idea to formally request them to do that. Heaven knows what stone-walling and excuses they'll come up with, but if people don't push, nothing will be won. You can find pointers to relevant resources on APF's site, at: http://www.privacy.org.au/Resources/PLawsClth.html#PAct You want APP2, and the Guidelines on its application: http://www.oaic.gov.au/privacy/privacy-resources/privacy-fact-sheets/other/privacy-fact-sheet-17-australian-privacy-principles http://www.oaic.gov.au/privacy/applying-privacy-law/app-guidelines/chapter-2-app-2-anonymity-and-pseudonymity We'd be pleased if you can let us know what happens. Good luck! ... NAME, as ROLE, APF ___________________________________ Subject: Re: Enquiry re CC Cameras outside private houses Dear XXXX At 12:46 PM +1000 14/7/14, XXXX wrote to enquiries@privacy.org.au: >I have a general enquiry regarding the use of closed-circuit cameras affixed to the outside of private houses and unit buildings that are aimed at public spaces such as footpaths etc. >These are not cameras attached to, or part of, building intercom and access systems, but rather cameras inside round black glass units attached to the outside of a building that is directly above public footpaths and laneways. >I can see from what is available on the internet that there has been a lot of news on local councilÕs use of CC cameras in public places, but I canÕt find anything on my question. >I would assume that for a building owner to do this they would have to have some sort of approval, however I am not sure if comes under local council DA requirements and/or other state/commonwealth privacy regulations. >Any help or guidance on this will be much appreciated! It's a bit of a maze, and requires some navigation. A starting-point is the APF's Policy on Visual Surveillance, including the references at the bottom of that web-page: http://www.privacy.org.au/Papers/CCTV-1001.html I infer from your number that you're in western Sydney, so NSW Law is relevant: http://www.privacy.org.au/Resources/PLawsST.html#NSW Regards ... NAME, as ROLE, APF ___________________________________ Subject: Re: Camrea surveliance from a neighbor on my private property. Dear XXXX APF is all-volunteer organisation. It conducts research into privacy matters and makes submissions to parliaments, government agencies and private sector organisations, seeking better privacy protections. We regret that is unable to provide advice, or to assist individuals. Privacy Commissioners exist in 3 States and both Territories. This is a cross-over between a Commonwealth and State matter. Both the federal and NSW Commissioners are likely to have long lists of excuses for not helping you, but it would be a good idea to ask them for their advice in any case. Most of the privacy laws that exist in Australia are merely 'data protection' laws, are very weak, and generally only apply to organisations of a moderate size. Surveillance laws are quite separate, but also very weak. However, they do apply to individuals as well. Have a look at s.8 in the Surveillance Devices Act (link below). I don't think this creates any ability for a person to sue in a civil jurisdiction, nor to apply to an agency or a tribunal to achieve compliance by the neighbour. I couldn't quickly see which government agency administers the Act, but it's a very good question to ask the NSW Privacy Commissioner. Maybe the Police, maybe the Attorney-General's Dept? They may try pointing you to the local Council. It's likely that the local Council won't have a clue, and won't be interested, so perhaps you should ask the Council first, so that you can say to the NSW Privacy Commissioner 'no, they don't know anything'. Good luck! If you make any progress, we'd appreciate it if you could let us know what happened. Regards ... NAME, as ROLE, APF http://www.ipc.nsw.gov.au/privacy/ipc_index.html (NSW PC'er) (with a nice button that says 'ask the privacy commissioner') http://www.oaic.gov.au/ (Clth PC'er) http://www.oaic.gov.au/privacy/privacy-topics/photos-and-surveillance/ Surveillance Devices Act 2007 (NSW) http://www.austlii.edu.au/au/legis/nsw/consol_act/sda2007210/index.html ___________________________________ Dear XXXX >I believe the company I work for may have been in breach of the workplace surveillance ACT 2005. I have exhausted all means through the company ... APF is a volunteer organisation that works on policy issues - including endeavours to achieve far better laws than the appalling Workplace Surveillance Act (NSW): http://www.austlii.edu.au/au/legis/nsw/consol_act/wsa2005245/index.html Regrettably, we aren't in a position to provide legal advice, nor to directly assist with individual complaints. A complaint would need to make clear which specific requirements of the Act have been breached (naming sections and sub-sections and quoting the key words), and would need to show evidence to support that contention. It's unlikely (but just possible) that the Privacy Commissioner might be interested. ÊMaybe it's worth a letter to her: http://www.ipc.nsw.gov.au/privacy/ipc_index.html mailto:askpc@ipc.nsw.gov.au A quick glance at the Act suggests that there may be no basis for an employee to complain to anyone: http://www.austlii.edu.au/au/legis/nsw/consol_act/wsa2005245/s45.html Nor does there seem to be any civil procedure available through the courts. It may be necessary to persuade either the police or a union to prosecute any criminal breach of the Act. ÊAlthough maybe the matter is subject to industrial laws, which might specify that arguments have to go before some tribunal first. If all else fails, the only recourse in some of these cases is letters to members of parliament. Ê(Good luck with the Liberals, but Labor might listen). Or talk to the media. Good luck with your efforts! Regards ... NAME, as ROLE, APF ___________________________________ Subject: Re: My driver license got scanned without my consent Dear XXXX At 13:13 +1000 21/7/14, XXXX wrote: >I would like to find out what i could in such situation. >Last Sunday, upon entering into a car wrecker in Melbourne, i was asked to show my driver license. I did show in the thought the license would verify who i was but unfortunately, the staff took my license and scanned it without my consent. He did not tell me what it was for or what are their privacy rules. >I would like to know if such practices are illegal and what can i do about it now as I do not wish my driver license detail to be stored in their system. We think that's pretty appalling too. The APF's Policy Statement is here: http://www.privacy.org.au/Papers/ClubIDScans.html (That was written when clubs started doing it, but the principles are the same everywhere). You need to: 1. complain formally to the company 2. if/when they give you an inadequate reply, or ignore you, complain formally to the Privacy Commissioner, including full details and copies of your complaint to the company and any other correspondence: http://www.oaic.gov.au/privacy/privacy-complaints There may be various ways that the company can escape the Commissioner, but that's up to the Commissioner to work out, not you and us! Regards ... NAME, as ROLE, APF ___________________________________