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Implementation: Communicating Interpretations Developing Asia Pacific Standards in Case Noting

Interpreting Privacy Principles:Chaos or Consistency? Symposium Sydney, 17 May 2006. Implementation: Communicating Interpretations Developing Asia Pacific Standards in Case Noting. Blair Stewart Assistant Commissioner Office of the Privacy Commissioner New Zealand. Outline.

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Implementation: Communicating Interpretations Developing Asia Pacific Standards in Case Noting

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  1. Interpreting Privacy Principles:Chaos or Consistency? Symposium Sydney, 17 May 2006 Implementation: Communicating Interpretations Developing Asia Pacific Standards in Case Noting Blair Stewart Assistant Commissioner Office of the Privacy Commissioner New Zealand

  2. Outline • The topic: How can Privacy Commissioners communicate their interpretations of IPPs? What works? What is best practice? What does accountability require? • What I hope to cover: Case notes, what we’ve got, where we might want to go

  3. What’s a case note? “Any report outlining the outcome of an investigation, conciliation or determination of a complaint that is contained in a series of reports released by a privacy authority” Source: Asia Pacific Privacy Authorities Forum, Statement of Common Administrative Practice on Case Note Citation, adopted 17 November 2005

  4. What’s in a case note? • A label identifying the report within a series i.e. a citation allowing people to find the note and know where it’s from etc., may also say something about the case itself • Some facts • Some instructive indication of the outcome of the case e.g. on how investigated, mediated, resolved or law interpreted Examples of variety: • Tailored anonymised notes e.g. NZPrivCmr • Summaries or headnotes of tribunal decisions e.g. HKPrivCmrAAB • Full determinations e.g. PrivCmrACD

  5. What’s a case note? “Any report outlining the outcome of an investigation, conciliation or determination of a complaint that is contained in a series of reports released by a privacy authority” Source: Asia Pacific Privacy Authorities Forum, Statement of Common Administrative Practice on Case Note Citation, adopted 17 November 2005

  6. Case notes can go where judgments cannot … Complaints closed – 100% No jurisdiction – 2% Closed within jurisdiction – 98% Settled: no provisional opinion – 74% Provisional opinion – 23% Settled: no final opinion – 5% Final opinion – 19% Total closed without final opinion – 78% HRRT – 2% Typical breakdown of processing of complaints to NZPC: These figures are derived from an amalgamation of 2001/02 and 2004/05 figures, and rounded out

  7. Case notes can go where judgments cannot … Complaints closed – 100% No jurisdiction – 2% Closed within jurisdiction – 98% Settled: no provisional opinion – 74% Provisional opinion – 23% Settled: no final opinion – 5% Final opinion – 19% Total closed without final opinion – 78% A conciliated outcome is a key objective of the Privacy Commissioner complaints model: case notes are an innovative way to reveal and report interpretations adopted in that context HRRT – 2%

  8. The steady advance of case notes in Asia Pacific region …

  9. APPA Forumhas adopted a citation standard Abbreviations adopted for APPA participants: • HKPrivCmr – Hong Kong Privacy Commissioner for Personal Data • KRPIDMC – Korean Personal Information Dispute Mediation Committee • NSWPrivCmr - New South Wales Privacy Commissioner • NTICmr – Northern Territory Information Commissioner • NZPrivCmr - New Zealand Privacy Commissioner • PrivCmrA – Privacy Commissioner of Australia • VPrivCmr – Victorian Privacy Commissioner Source: Asia Pacific Privacy Authorities Forum, Statement of Common Administrative Practice on Case Note Citation, 17 November 2005

  10. Case notes to date from APPA members

  11. Canada has been active too Canada has not adopted a citation standard – which may diminish usefulness of rich vein of provincial material

  12. Some thoughts on moving forward • Case notes have a critical place in reporting “real life” operation of privacy law: tribunal and court cases offer only a partial glimpse • Asia Pacific has already laid critical foundations (body of case notes, citation system) • Canadian material too valuable to ignore, accessible on-line but suffering on citation side

  13. Some ideas for action • PCs should be encouraged to continue to produce case notes: the best encouragement may be for iPP project to put them to good use • Canadians IPCs should be encouraged to reflect on citation practices • The iPP project could assist commissioners by indicating gaps in coverage that might be filled by new case notes: this can contribute to selection practices

  14. … and may be quoted in an amusing case note

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