Privacy in Automation: An Appraisal of the Emerging Australian Approach

Computer Law & Security Review (Forthcoming)

20 Pages Posted: 13 May 2017  

Angela Daly

Queensland University of Technology - Faculty of Law; Swinburne University of Technology; Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT)

Date Written: May 12, 2017

Abstract

This article presents an initial appraisal of the emerging Australian approach to applying privacy and data protection laws to automated technologies. These laws and the general context in which they operate will be explained, with appropriate comparisons made to the European Union frameworks. In order to examine their specific application vis-à-vis automated technologies, three case studies - Automated facial recognition technologies (AFRT), unmanned aerial vehicles (UAVs – better known as ‘drones’) and autonomous vehicles (or ‘driverless cars’) – are selected to examine the extent to which existing privacy and data protection laws, and their application, can be considered adequate to address privacy and data protection risks that these technologies bring. These case studies evidence existing deficiencies with privacy protection in Australia and the inadequacy of recent reform processes, demonstrating that Australian data privacy laws are not well placed to protect individuals’ rights vis-a-vis automated technologies.

Keywords: Australia; facial recognition; drones; driverless cars; data protection; privacy

JEL Classification: K00, K2

Suggested Citation

Daly, Angela, Privacy in Automation: An Appraisal of the Emerging Australian Approach (May 12, 2017). Computer Law & Security Review (Forthcoming). Available at SSRN: https://ssrn.com/abstract=2967054

Angela Daly (Contact Author)

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

Swinburne University of Technology ( email )

Cnr Wakefield and William Streets, Hawthorn Victor
3122 Victoria, Victoria 3122
Australia

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

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