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Symposium Interpreting Privacy Principles: Chaos or Consistency? 17 May 2006, Sydney Interpreting the Security Principle Nigel Waters, Principal Researcher. Methodology of Investigation. Identify issues Identify ‘cases’ expressly involving the security principle
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Symposium Interpreting Privacy Principles: Chaos or Consistency? 17 May 2006, Sydney Interpreting the Security Principle Nigel Waters, Principal Researcher
Methodology of Investigation • Identify issues • Identify ‘cases’ expressly involving the security principle • Primary source - WorldLII Privacy Law Project
Methodology of Investigation • Search for relevant material • Iterative process • Will review all published cases • Initial focus on information privacy laws • Progressively extension to other relevant laws
Security measures are designed to mitigate the RISK of … … Unauthorised Use of p.i. … Unauthorised Disclosure of p.i. … … Loss or corruption of p.i. Misuse Including: Authorised but improper use? … by someone with authorised access i.e. exceeding their authority … by an unauthorised third party e.g. by hacking or phishing
Security Principle - Issues • Reasonableness • Generic Industry standards vs customised standards for personal information? • Generic ‘all mode’ vs mode/technology-specific standards • Human (Personnel) security
Security Principle - Issues • Liability – organisation vs employee vs contractors • Relationship between security and disclosure • Carelessness