A Comparative Analysis of Data Protection Laws in Australia and Germany
The Journal of Information, Law and Technology (2) 2003
27 Pages Posted: 30 Jan 2015
Date Written: December 15, 2003
Abstract
Our control over personal information is changing as information technology allows data of greater amounts and increasing sensitivity to be collected and analysed by both public and private sectors. The challenge of protecting personal data is a global concern as information flows across borders and jurisdictions. Countries have taken different approaches to using the law to shape and limit information flows; Germany has been a pioneer in data protection legislation while Australia has reacted in a slower, ad hoc manner.
This article compares the German and Australia data protection systems, including the impact of cultural, political and economic factors on their legal content and their actual operation. It compares the systems using an ideal as a common basis to analyse their similarities and differences as well as the broader contrasts between their cultures. The article begins by assessing the extent to which privacy is protected under the Australian and German constitutions. It then examines the development and content of the legislative frameworks in each country as well as the oversight and enforcement mechanisms.
The ultimate purpose of this article is to evaluate the possibility of Australia using German concepts, institutions and laws for reform purposes. This requires a critical examination of the civil/common law dichotomy and whether it is more misleading than useful as a tool for comparative analysis. The article seeks to demonstrate that the search for solutions to contemporary challenges must take us beyond our domestic jurisdiction; there is much to be learned from other countries’ innovations, especially in an increasingly interdependent world.
Keywords: Data Protection, Privacy, Privacy Legislation, Australian Privacy Law, German Privacy Law, Law Reform, Comparative Law
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