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Privacy and Law enforcement in the on-line world – the bigger picture.

Privacy and Law enforcement in the on-line world – the bigger picture. Nigel Waters Convenor, Australian Privacy Charter Council Pacific Privacy Consulting UNSW CLE Seminar – eSecurity & eCrime 19 July, 2001. Introduction. Narrow battles vs big picture Incremental loss of privacy

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Privacy and Law enforcement in the on-line world – the bigger picture.

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  1. Privacy and Law enforcement in the on-line world – the bigger picture. Nigel Waters Convenor, Australian Privacy Charter Council Pacific Privacy Consulting UNSW CLE Seminar – eSecurity & eCrime 19 July, 2001 UNSW CLE 19 July 2001

  2. Introduction • Narrow battles vs big picture • Incremental loss of privacy • Regulability of cyberspace depends on architecture – (Lessig 1999) • Choice to be made • Fully informed debate or vested interests • Globalistation UNSW CLE 19 July 2001

  3. Security & Privacy • Can co-incide • Audit trails • Security independent of type of information • With Personal information, tension arises • Security vs other privacy principles • Employees and customers/public UNSW CLE 19 July 2001

  4. Powers to invade privacy • Legal entities – arguments for transparency, but powers now being used against individuals • Business/personal distinction blurring • ABN holders • Privacy laws have no effective limiting function in the face of other laws UNSW CLE 19 July 2001

  5. Search and Communications Interception powers • Inconsistent approach to electronic data vs physical intrusion – why? • Eg: ATO, Centrelink ‘notices’ • Even looser controls in IPP11, NPP2 • Telecommunications • Warrants for content (but not all?) • Certificates • On request UNSW CLE 19 July 2001

  6. Interception Warrants • Progressive weakening of controls • Judges to AAT members • Named person warrants • Period of warrant • Range of offences • No of agencies • More agencies with direct access UNSW CLE 19 July 2001

  7. Computer access warrants • Introduced for ASIO • Proposed extension to all investigatory agencies under Crimes & Customs Acts ? (Cybercrime Bill 2001) • Major concerns about data integrity – question evidentiary value? • Same issue in NZ UNSW CLE 19 July 2001

  8. Application of powers • Specific investigations vs intelligence gathering - routine surveillance, matching • Requirement to retain records • Best protection is destruction • Once available – pressure for access • Census • Proposed requirement on ISPs? UNSW CLE 19 July 2001

  9. Identification? • Pressure to identify in more contexts • Justification ? • ID fraud ? • Often, real need is authentication • PKI – muddled motives and application • Privacy issues • Privacy Commissioner Guidelines UNSW CLE 19 July 2001

  10. Data-matching • Reversal of onus of proof • AUSTRAC example • Subjective? • Disproportionate? • Tendency for subjective norms to replace objective criteria UNSW CLE 19 July 2001

  11. Conclusion • Common theme: Control vs freedom • How much risk to tolerate? • Difficult at individual program level • will always favour greater control • Reject technological determinism • Fall back on basic principles • No Constitutional/BoR protection • Can only question each proposal UNSW CLE 19 July 2001

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