The official description in the Law Handbook (dupicated below) is now out of date, but still gives a reasonable idea of the approach which will be taken. Considerable emphasis will now be given to new legislation such as the private sector privacy legislation (Privacy Amendment (Private Sector) Bill 2000 (Cth)) passed on 6 December 2000, and new State public sector legislation in NSW and Victoria (Information Privacy Bill 2000), as well as on surveillance and privacy on the Internet.
This subject examines the implications of data surveillance (the techniques
of social
control through the use of information technology) in both public and private
administration, and information privacy (or 'data protection') law as a
response.
Topics include: uses and effectiveness of data surveillance in tax and
social security
administration, prevention of credit and insurance fraud, direct marketing
and
criminal investigation; documentary identification law and practice (population
registers, credit cards, licences etc); 'data surveillance law' as a new
method of
public administration; the effectiveness of general law (eg breach of confidence)
and
such legislation as the Privacy Act 1988 (Cth) and the Data Matching Program
(Assistance and Tax) Act 1990; privacy aspects of freedom of information
laws,
official secrets laws, credit reporting legislation and 'spent convictions'
legislation;
international standards and regulation of 'trans-border data flows', particularly
in
light of the European Commission's Directive on data protection. Each student
will examine in depth the legality, use and effectiveness of data surveillance
techniques, and the effects of data protection law, on one area of public
administration or commercial practice.
Assessment is likely to be through a combination of a research essay (with an option for this to be case study of surveillance practices and privacy laws in a public sector or private sector organisation), a problem-based take-home exam, and class participation (including via the class email list). This is not yet finalised.
1 Course introduction
---------------------------
- assessment, reading,
etc
- how to use privacy
research materials;
2 (A) What is surveillance?
What is privacy?
--------------------------------------------------
- philosophical and
sociological approaches
- concepts of 'data
protection law' and 'data surveillance law'
- IPPs as a 'bundle
of rights' (incl German Const. Court)
(B) Introduction
to data protection legislation: Structure, history
-------------------------------------------------------------------
- international development
of privacy laws (esp via internat. agreements)
- Australian history
of privacy laws
3 General law protection
of privacy (common law, equity, admin law)
-------------------------------------------------------------------------
- lack of general
privacy tort (including failed statutory torts)
- torts (including
negligent misstatement re references)
- admin law analogies
to IPPs (incl Johns)
4 Information Privacy
Principles (IPPs) (1) - Collection principles
-----------------------------------------------------------------------------------
- including: purpose
justification; anonymity; sensitive information
- meaning of 'personal
information'
5 IPPs (2) - Use and
disclosure principles
------------------------------------------------
- including public
registers
6 IPPs (3) - Access
and correction principles
---------------------------------------------------
- including relationship
to FOI laws
7 IPPs (4) - Other
principles
-----------------------------------
- including: security;
destruction; 'data controller'; publicity
- data export restrictions
(including EU Directive)
8 Enforcement of IPPs
---------------------------
- Roles of Privacy
Commissioners
- Co-regulation: codes
of practice etc
- Appeals and roles
of Courts and Tribunals
- Remedies
9 Telecommunications
privacy issues
-----------------------------------------
- CND and related
surveillance issues
- IPPs under the Telecomms
Act
- T(I) Act principles
10 Internet privacy
issues
-------------------------------
[Lots of the
examples in all previous classes will have covered this]
- Why does the Internet
pose different issues?
- Internet technologies
affecting privacy (PITs and PETs)
- jurisdictional issues
/ international enforceability
11 (A) Financial privacy
issues
--------------------------------
- consumer protection
issues
- credit reporting
(Part IIIA etc)
Medical privacy
issues
----------------------
12 Workplace surveillance
------------------------------
- employee records
exemption and NPPs
- monitoring
(CCTV, emails, phones, keystrokes etc)
Surveillance
in public places
-----------------------------
- CCTV
- applicability
of IPPs
13 What futures for
surveillance and/or privacy?
-----------------------------------------------------
Graham Greenleaf,
Professor of Law, UNSW
December 2000