Notes from the Privacy Issues Forum
I spent the day at the privacy forum “Privacy is your business” today in Wellington and wanted to put down some notes while things are still fresh.
I haven’t seen any media coverage yet but understand there will be some. As usual, I expect to see the stories and wonder if they are reporting about the same event that I attended.
In any case, I missed the highlight of the day as I was at a parallel stream- of the usually mild-mannered John Edwards in full flight, taking on the reps from the Office of the Ombudsmen and Office of the Privacy Commissioner. Pity that (missing it, not the taking on bit). Other than that and a small jibe about direct marketing at the end, there was just too much agreement on how great privacy is so that discussions were somewhat uni-dimensional.
Things got off to a good start. I was intrigued by one concept in Minister Lianne Dalziel’s speech, “… trusting interpersonal relationships are no longer the primary enabler of personal information transfer; technology is. Modern privacy law either ensures the individual retains some degree of control over the transfer or approximates a trusting interpersonal relationship – an honest broker as it were.” The notion of an “honest broker” to build trust in an information age is worth thinking about.
The next interesting point came from an insight into the Law Commission’s thinking about its Review Of Privacy. Sir Geoffrey Palmer and Professor John Burrows made it clear that wholesale restructuring of the Privacy Act was not on the agenda. The principles-based approach will be retained and only holes- surveillance, the tort of privacy, and sentencing anomalies- will be filled.
At a later stage, Privacy Commissioner Marie Shroff repeatedly referred to the Privacy Act as a modern piece of legislation. I think the sub-text was that the Act didn’t need major restructuring but the message was delivered in a classically indirect manner.
The next nugget was a point made by TradeMe’s Mike O’Donnell. In his usual straightforward manner, he squarely took on the issue of TradeMe requiring to release customer information to the authorities.
He talked about their disappointment that personal details of 10,000 customers was handed over to the police who then passed it on to defence lawyers and, from there, a person in jail. TradeMe has a stringent requirement that information requests “must specify enabling legislation, be specific and limited- no fishing trips.” But, once these criteria were met, they will and do hand over customer information. Whether it’s Google or TradeMe or any other firm dependent upon maintaining peoples’ trust, handing over their customers’ information is painful.
One other thing I missed out on was asking Inspector John Walker of NZ Police why people “volunteer” to give their DNA samples. This was something that the 2007 Privacy & Human Rights Report issued by Privacy International highlighted as worrying.
Finally, two more interesting things. First, the very sensible perspective of local government (from Laurie Gabites of Wellington City Council) that CCTVs have a very limited role in public spaces. They look at them as a way of pro-actively avoiding incidents escalating but that requires active monitoring and big resources- money and people- that are better spent on more effective things.
Secondly, from Barbara Craig of Victoria University, the notion of mediated public spaces as the new commons for teenagers. Another concept worthy of further thought as we struggle to understand the “third space” (after home and school) of today’s kids.
Overall, the forum today had some interesting moments. If only they had some mavericks to stir things up…