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The ‘interpreting Privacy Principles’ (iPP) Project Sydney, 18 May 2006

The ‘interpreting Privacy Principles’ (iPP) Project Sydney, 18 May 2006. Cooperating with Commissioners Graham Greenleaf & Nigel Waters. About the iPP Project. The Project interpreting Privacy Principles (iPP) Project Australian Research Council funding 2006-9

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The ‘interpreting Privacy Principles’ (iPP) Project Sydney, 18 May 2006

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  1. The ‘interpreting Privacy Principles’ (iPP) ProjectSydney, 18 May 2006 Cooperating with Commissioners Graham Greenleaf & Nigel Waters

  2. About the iPP Project • The Project • interpreting Privacy Principles (iPP) Project • Australian Research Council funding 2006-9 • Based at Cyberspace Law & Policy Centre, Faculty of Law, UNSW • Project website: http://www.cyberlawcentre.org/ipp/ • Overview • Participants • Aims & methods • Symposia • Resources and outputs • Demonstration of Privacy Law Library databases

  3. Project participants • Project staff • all part-time; equivalent to 1.5 full-time staff • Nigel Waters, principal researcher • Anna Johnston, concentrating on NSW law • Research assistant to be appointed (today) • David Vaile, Centre Executive Director, manager • Philip Chung & Matthew Lee (AustLII) - databases • Academic investigators • Graham Greenleaf (UNSW) - Lead investigator • Paul Roth (Otago), NZ expert • Lee Bygrave (Oslo), Australian but EU expert

  4. Project aims & methods • Main assumptions: • In each of our local jurisdictions privacy law is a small area of law with relatively few court decisions or reported complaints: there are therefore many areas of uncertainty in their interpretation • However, the many common elements in our underlying legislation makes it possible to develop an Asia-Pacific privacy jurisprudence • This requires careful analysis of the similarities and differences in both the underlying legislation, and the court decisions, complaint reports and policy documents interpreting the legislation • Methods • Analysis and comparison of legislation, with emphasis on similarities and differences in information privacy principles • Analysis of all reported ‘cases’ (Courts, tribunals & Commissioners) to compare both binding precedents and useful examples, and determine how much the interpreted law is the same • Encourage consistency and the development of standards

  5. The iPP Symposia • Aim is to assist two principal forms of communication • Between privacy ‘officials’ and privacy ‘analysts’ (academics, practitioners, reformers) • Across jurisdictions, particularly in the Asia-Pacific • Yesterday’s symposium was the first in a series - perhaps 2 p/a • Content is the systematic exploration of Information Privacy Principles, and their interpretation • Examining consistency, differences, and inadequacies in both the legislation and in its interpretation • Will encourage more consistency and adoption of standards • Each symposium will look at (I) a core concept; (ii) a Principle; and (iii) an implementation issue • Possible future topics (suggestions wanted!): • Core concepts: consent; ‘reasonable steps’ • Implementation: ‘charging for privacy’; principles of compensation

  6. Project resources & outputs • A comparative table of legislation: IPPs and implementation aspects compared across jurisdictions • A series of comparative discussion papers for each Privacy Principle, analysing its interpretations • Asia-Pacific emphasis, but with European comparisons • Will seek input and comments from Commissioners on these • WorldLII’s Privacy Law Library - free access to 20+ privacy law databases - we hope this will be a key research resource for all • Suggestions for improvements and inclusions welcome • Privacy Law & Policy Reporter (PLPR) - Vol 12 will become a free, online, more academic, journal • We encourage contributions from Commissioners and staff • 1st new issue will include papers by Katrine Evans on ‘personal information’ and (we hope) Commissioner Woo on ‘communication’

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