Nomination for Australian Privacy Foundation ‘Big Brother Awards’ 2009 
BBA 2009 FINALIST 

Criteria for a BBA 2009 Award
The nominee must  be:
•	in or associated with Australia
•	responsible for a truly outstanding abuse (or defence) of privacy.
As appropriate for the particular Award Category the nominee should be a public or private sector individual or organization, a government program or initiative,  a private sector business activity.
The deed for which they are nominated should have at least partially been put into practice – they lose points for just planning or announcing something!  Further details about BBA2009 are available at http://www.privacy.org.au/bba/.

A.	Name of Nominees 

Joint nomination:
Carolyn Bond, Consumer Action Law Centre, Victoria
Katherine Lane, Consumer Credit Legal Service, NSW

B.	Award Category - Privacy Defender for a "Smith" Award 

Lifetime Achievement – for provision of outstanding services to privacy protection.

C. 	Description
Award is for consistent advocacy for the privacy rights of consumers in relation to credit reporting.

Carolyn and Katherine have both been involved for more than a decade in discussions with the lending and credit reporting industries and in submissions to government on law reform in the area of credit information. They have been consistent and articulate advocates for the proposition that individual borrowers should be able to rely on responsible lending practices without sacrificing all their personal privacy.   They have rejected the simplistic and paternalistic proposition that individuals need to be protected from themselves by compulsory sharing of detailed information about their financial history. 

D.	Evidence of the Actions and References
Numerous submissions and public statements, including to the Australian Law Reform Commission’s review of Australian privacy laws – see citations/footnotes in Report 108, 2008.
http://www.austlii.edu.au/au/other/alrc/publications/reports/108/  

Carolyn and Katherine have both been members for many years of the consumer consultative committee run by the leading Australian Consumer Credit Reporting Agency – now Veda Advantage, previously Baycorp and before that the CRAA.  Since 2006 they have also been members of a wider consultative committee formed by the Australian Retail Credit Association (ARCA).  Throughout the proceedings of both committees Carolyn and Katherine have consistently defended the privacy rights of consumers, even in circumstances where other consumer interests might appear to justify weakening privacy rights (eg where more compulsory sharing of financial information might reduce loan defaults).  In doing so they have shown a sophisticated understanding of privacy law and practice and the importance of defending privacy rights as a matter of principle. They have helped to ensure that the wider consumer NGO movement is kept informed about privacy issues in the credit reporting context, thereby building a wider constituency with an interest in privacy protection.

E.  	Why the Nominees Deserve the Award
Scope of Efforts to Protect Privacy
Carolyn and Katherine’s activities have effectively benefited all Australian borrowers – most adult consumers. Without Carolyn and Katherine’s activities, it is unlikely that the APF alone (as the only other body represented on credit industry committees, would have been able to ‘hold the line’ in defending legal privacy protection, and would not have been as successful in negotiating voluntary industry initiatives that go beyond the bare legal minimum.