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The
rising privacy concerns amidst the growing digital economy are getting clearer
for many to see. The idea though that individuals can simply opt out of digital
realm to protect privacy neglects the fact that commerce, economic, social and
political participation are increasingly conducted on digital platforms. If
this is the case, where does Australia go from here in strengthening digital
privacy?
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| Info Analytics, Courtesy: Pixabay illustrations |
In
my view, it’s not enough to just target Facebook, Twitter and Google. A national digital privacy regime needs to
cast a wider net of digital platforms that need to be accountable in how they
enhance individual privacy and appropriate use of personal data.
I
will give some examples. Last year I was surprised by a reputable state-wide company
alerting that their recruitment data may have been compromised through a third
party digital contractor. What? I didn’t even know they used external third
party for their things digital.
And
also another well-known global digital recruiter alerted individuals of similar
kinds of data breaches on its platform.
The
bit I was able to learn is that so far at most all these organisations need to
do is inform individuals whose data they hold, that some breach has occurred.
But this is not enough protection really.
Okay,
I still have to say in this case I took certain minor steps at an individual
level to safeguard some aspects of my info from being misused.
But
critically wondered how does Australia as a nation ensure data collected by
recruiters and stored on online systems is only used by them for purposes of
recruitment and contract purposes?
Privacy
governance net should include recruiters on top of the likes of Facebook. But
let’s linger on casting a wider net to enhance privacy. Besides, serious policy
work requires paying attention in understanding and defining the parameters of
the issues you are dealing with.
Take
our widespread participation into Customer Loyalty Programs (Reward Programs) be
it in supermarkets, petrol stations, liquor stores, you name it. Who wants to
be left out from saving costs? Perhaps you go for Flybuys, or Rewards, or
Velocity or whatever. As a population we feel relieved when we save a few
dollars here and there through these loyalty programs.
If
you are a ‘privileged’ frequent airline traveller, most likely you look forward
to accumulating enough loyalty points to secure a free ticket or upgrade from
Economy to a higher travel Class. Who doesn’t want that?
Recently
I was shopping some supplies at a particular outlet. I learnt that I had earned
myself some few dollars in cash to be used for discount or later use. So you
can earn $5 or $10 or whatever? A more important point is that commerce is now
so much interlinked. There are growing cross linkages in loyalty programs.
Supermarkets can be linked with fuel stations, airlines, hotel and airbnb accommodation,
dining, and liquor supplies.
Not
to mention Rideshare Platforms, though presumably some rideshares are subject
to some aspects of the European Union privacy framework.
Of
course any digital privacy governance should also ensure Australians as
individuals are not disadvantaged by use of any data collected by Government
agencies state, federal, Local Governments and all their Third Party
contractors.
Now,
given the spread of data collected across the domain of the digital economy,
social and political realm, it is overdue for Australia to develop and
implement a national policy and regulatory frameworks to safeguards privacy and
use of our data.
The
long and short of this is that we now know our data is regarded as ‘valuable as
gold’, so how can we guarantee companies are only using the data for loyalty purposes
and that such data is not misused?
We
also know it’s not enough to tell people that they can improve privacy by
opting out of the digital world. If so, such choice excludes them from social
and political communication, commerce and economic participation in the modern
digital arena.
The
Australian Consumer and Competition Commission (ACCC) looks like it has done
some very interesting background work lately drawing attention to emerging
concerns about digital privacy.
An
ACC Report specifically Chapter 7 calls the Government to address privacy
policy concerns at a higher institutionalised and broader social economic level.
You can glimpse it on this link.
Here
are also verbatim recommendations that the ACCC makes to the Feds about the
need to reform the Australian digital privacy more broadly:
Recommendations
in Chapter 7
Recommendation 16: Strengthen protections in the Privacy Act
Recommendation 17: Broader reform of Australian privacy law
Recommendation 18: OAIC privacy code for digital platforms
Recommendation 19: Statutory tort for serious invasions of
privacy
Recommendation 20: Prohibition against unfair contract terms
Recommendation 21: Prohibition against certain unfair trading
practices
Mind
you, to the Federal Government credit, the work of this ACCC Inquiry was
reportedly initiated by the Feds (as indicated on the ACCC web). But as already
noted the benefits of this background work it seems to me can only be realised
if Australia as a federal system follows up with sound institutionalised and
broader level reforms.
This
will mean reworking big time from our current patchwork of privacy policy. From
what I can glean, this is how things interactively work at state and Federal
level:
It
is still puzzling why relevant Government agencies at both Federal and state levels
are not playing a lead role in digital privacy policy development? Is
neo-liberalism so entrenched that the significance of proactive policy
development is not being pursued? Perhaps that is even the more remarkable that
the ACCC has spoken up more forthrightly.
And
luckily, we won’t be starting from scratch. Australia should look at the recent
progressive digital privacy policy reforms implemented by the European Union. This
is essential if at all Australia is to get serious about protecting our privacy
and personal data from misuse.
For
readers interested in the way the European Union now enshrines and safeguards individual
digital privacy rights through legislation and regulatory frameworks see these
links:
If
our data comes to be regarded as simply liquid gold by the more powerful
without overarching national digital privacy governance, more could be lost
than meets the eye.
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