scholarly journals Australia's Consumer Data Right and the Uncertain Role of Information Privacy Law

2020 ◽  
Author(s):  
Mark Burdon ◽  
Tom Mackie
Author(s):  
Jessica Lake

Whether one is more (or less) concerned with issues of image rights or the use of online tracking mechanisms by retailers, the role of CCTV in city streets, the ability to access a safe abortion, the media’s publication of salacious stories, the ability of government agencies to collect personal information, or the abuse and harassment of individuals in the home or online is likely to be influenced by social and historical experience. In this article I argue that such experience and consequent investments in ‘privacy’ are also gendered and should be recognised as such by legal scholars of privacy, legislators and courts. Privacy law relates inextricably to the self and calls into question how we (as individuals and groups) envision, articulate and perform our sense of self. It marks out boundaries between persons and perceived sources of power and oppression. This article examines three periods of heated privacy law debate (mid 19th century, turn of 20th century and 1960s/70s) and demonstrates that whereas men’s privacy priorities primarily focused on controlling and concealing information about themselves; women’s privacy issues mostly centred on protecting against violations of themselves. Masculine privacy focuses on the ways in which disembodied or abstract data – guarded by or as forms of property – poses challenges to professional and public reputations. Feminine constructions of privacy are preoccupied with invasions of the autonomy and dignity of embodied selves. In order to further develop privacy law in Australia, we must first recognize that gender fundamentally influences our paradigms and priorities of privacy protection – as seen in pressing debates about online consumer data protection and ‘revenge pornography’.


2021 ◽  
Vol 3 (1) ◽  
pp. 35-50
Author(s):  
Mark Burdon ◽  
Brydon Wang

Governments worldwide view contact tracing as a key tool to mitigate COVID-19 community transmission. Contact tracing investigations are time consuming and labour intensive. Mobile phone location tracking has been a new data-driven option to potentially obviate investigative inefficiencies. However, using mobile phone apps for contact tracing purposes gives rise to complex privacy issues. Governmental presentation and implementation of contact tracing apps, therefore, requires careful and sensitive delivery of a coherent policy position to establish citizen trust, which is an essential component of uptake and use. This article critically examines the Australian Government’s initial implementation of the COVIDSafe app. We outline a series of implementation misalignments that juxtapose an underpinning regulatory rationality predicated on the implementation of information privacy law protections with rhetorical campaigns to reinforce different justifications for the app’s use. We then examine these implementation misalignments from Mayer and colleagues’ lens of trustworthiness (1995) and its three core domains: ability, integrity and benevolence. The three domains are used to examine how the Australian Government’s implementation strategy provided a confused understanding of processes that enhance trustworthiness in the adoption of new technologies. In conclusion, we provide a better understanding about securing trustworthiness in new technologies through the establishment of a value consensus that requires alignment of regulatory rationales and rhetorical campaigning.


2017 ◽  
Vol 23 (1) ◽  
pp. 3-8
Author(s):  
R. P. BAIN ◽  
D. P. RAI ◽  
SIDDARTH NAYAK

If we want to convert our rural population into knowledge driven, progressive, self sufficient, self reliant, sustainable society, the role of Information and Communication Technologies (ICT’s) cannot be ignored. Timely availability information is considered as most important factor in Indian agriculture. At present ICT is the technology of this millennium. Transferring the developed technology to all end users is time-consuming and tiresome task and is often not completed due to paucity of resources and lack of manpower. In India, agriculture and rural development has gained significantly from ICT due to its widespread extension and adoption. In this era of internet, ICT is committed to provide real, timely accurate authentic information to the farmers and rural peoples.


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