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
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: Suggested Citation