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Surveillance and Privacy 2003:Terrorists and WatchdogsInternational Law and Policy Conference8th and 9th September 2003Baker & McKenzie Cyberspace Law and Policy Centre Sydney, AustraliaDay 2: Presentation on Theme, ‘What Use Are Privacy Commissioners?’/ ‘Looking Ahead: How Do We Make Privacy Laws Work?’WHAT USE ARE PRIVACY COMMISSIONERS?Charles D. RaabProfessor of Government University of Edinburgh
Privacy Commissioners: Seven Interrelated Roles • Ombudsmen • Auditors • Consultants • Educators • Policy advisers • Negotiators • Enforcers
What Should Commissioners Be Expected To Do? • Protect privacy • Promote good information practice • Balance between the two?
What Is Wrong With Laws and Commissioners? • Laws are too complex and unclear • Interpretations are often unavailable or contestable • Commissioners are often underpowered for some or all of their roles • The climate for privacy protection is unfavourable owing to • priority given to other public issues and moods • conflict with other government policies
How Can Regulation Be Made To Work Better? • Recognise that laws and commissioners are insufficient • Develop other instruments • self-regulation • PETs • public awareness and activism • Promote an integrated privacy regime • Re-examine concepts and promote research