Reforming Reporting of Privacy Cases: A Proposal for Improving Accountability of Asia-Pacific Privacy Commissioners

PRIVACY LAW AND POLICY IN NEW ZEALAND, Paul Roth, ed., Butterworths LexisNexis, Wellington, New Zealand, 2004

38 Pages Posted: 5 Mar 2004  

Graham Greenleaf

University of New South Wales, Faculty of Law

Abstract

Privacy Commissioners in Asia-Pacific jurisdictions that have information privacy laws have widely differing practices in how (or whether) they report the results of the complaints they investigate. This study compares these practices in the jurisdictions of Hong Kong, New Zealand, Australia (Federal and New South Wales), and Canada (Federal, British Columbia, Ontario and Quebec). Other Australian and Canadian jurisdictions receive brief mention. A critical description of the existing practices in each jurisdiction is followed by proposals for more systematic reporting which, if adopted, would result in improvements to various practices.

Following from this analysis, Privacy Commissioners are urged to consider changes to their practices, particularly in the following areas:

- Public criteria of seriousness for complaints reported
- Naming complainants on request
- Naming public sector respondents as the default position
- Naming private sector respondents in specified circumstances
- Level of detail required for adequate reporting
- Regularity of reporting desirable
- 'One stop' reporting
- Website self-publication
- Facilitation of third party publishing
- Consistent and informative method of citation

More substantial benefits would flow from the Asia-Pacific Privacy Commissioners implementing a consistent set of reforms, preferably along the lines suggested.

Keywords: privacy, law reporting, accountability

Suggested Citation

Greenleaf, Graham, Reforming Reporting of Privacy Cases: A Proposal for Improving Accountability of Asia-Pacific Privacy Commissioners. PRIVACY LAW AND POLICY IN NEW ZEALAND, Paul Roth, ed., Butterworths LexisNexis, Wellington, New Zealand, 2004. Available at SSRN: https://ssrn.com/abstract=512782

Graham Greenleaf (Contact Author)

University of New South Wales, Faculty of Law ( email )

Sydney, New South Wales 2052
Australia
+61 2 9385 2233 (Phone)
+61 2 9385 1175 (Fax)

HOME PAGE: http://www2.austlii.edu.au/~graham

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