Annual Report 2006-07:
Chapter 2 Promoting Privacy
2.1 Review of Performance
In 2006–07 the Office revised its Communications Strategy in line with its Budget commitments and goals set out in the Office’s 2007–09 Strategic Plan (see Appendix 8 and the Commissioner’s Overview for further information). The Office’s increased funding has allowed its communications unit to progress a range of projects and initiatives aimed at assisting organisations and individuals to better understand their rights and responsibilities under the Privacy Act.
An important communications focus for the Office is facilitating networking and working closely with key stakeholders to promote a broader understanding of privacy. This year the Office:
- re-energised the Privacy Connections network of privacy professionals in the private sector (see section 2.7.1)
- worked with the Privacy and Information Commissioners of New South Wales, Victoria and the Northern Territory to participate in the first national Privacy Awareness Week (see section 2.7.3) and
- launched an international privacy themed writing competition targeting youth with the Commissioners of the Asia Pacific Privacy Authorities forum (see section 2.9.1).
2006–07 also saw the introduction of the Office’s Privacy Matters newsletter (see section 2.5.1). The newsletter is an important tool for the Office, allowing it to communicate important information to stakeholders on a regular basis throughout the year. In addition to downloads from the website, subscriptions to the newsletter have increased steadily, with the newsletter now reaching over 600 subscribers.
A significant undertaking for the Office is the review of its publications. During the year the Office audited its existing material with the aim of identifying and correcting any inaccurate or outdated material (see section 2.5.2).
As its main communication tool, the Office recognises the value of maintaining and improving the content and services delivered through its website. With this in mind, the Office commenced work on the redevelopment of the website, looking at ways of meeting the needs of its current users and offering services and refining content to attract new users (see section 2.2.1). The redevelopment of the website will continue into the next reporting period and will ensure that the website continues to be a valuable source of information for users with an interest in privacy.
2.2 Privacy Website
The Office’s website (www.privacy.gov.au) again features very prominently in the Office’s new 2007–08 Communications Strategy and 2007–09 Strategic Plan. The website continues to be the critical hub for the communication of the Office’s privacy messages.
2.2.1 Website Redevelopment
To ensure that the Office’s website continues to play the role of communications hub effectively, the Office has embarked on a project to redevelop the website. This is considered to be an important project, especially since the last major website redevelopment was completed when the private sector provisions commenced in 2001.
In the reporting period, the Office conducted a range of consultations including:
- website and intranet-based external and internal user surveys between December 2006 and April 2007
- email-based survey sent to a wide range of domestic and international Office stakeholders, including informal discussions where appropriate
- focus groups and other informal discussions with internal users and
- discussions with a range of other participants who have detailed experience in website redevelopments or familiarity with the Office’s website.
The Office’s focus is now on developing and implementing an action plan which aims to put into place many of the recommendations received during these consultations.
2.2.2 Website Usage
The Office's website (www.privacy.gov.au) increased its traffic from the previous reporting year. Visits to the website increased by 541 996 sessions during 2006-07 compared to the previous year, an increase of 38%. Page views (number of pages people looked at during the session) increased by 246 728, an increase of 4%.
The figures in Table 2.1 show the number of sessions and the number of page views for the privacy website each year for the last three financial years, while Chart 2.1 graphically represents the substantial increase in website traffic since 2001.
Table 2.1 Page and Session Views for the Privacy Website
|
|
2004-05 |
2005-06 |
2006-07 |
Increase 2005-06 to 2006-07 |
|
Session |
1 072 361 |
1 411 320 |
1 953 316 |
+ 541 996 |
|
Page view |
4 561 982 |
5 937 245 |
6 183 973 |
+ 246 728 |
Chart 2.1 Yearly Comparative Results for the Website
2.2.3 Layered Privacy Policy
In Privacy Awareness Week 2006 (see section 2.7.3), the Attorney-General launched the Office’s new Privacy Policy. The new Policy adopts a layered notice format to enhance the ease with which people can access and understand it. The Policy is available on the Office’s website, and provides browsers with both a condensed snapshot, as well as a full explanation, of the Policy.
The condensed version of the Policy uses clear simple language and includes the most important information that individuals usually need and want to know about the Office’s personal information handling practices. Individuals wanting further information can easily link to the Office’s full Privacy Policy.
The Policy is also intended to serve as a model for other agencies and organisations. It is available at www.privacy.gov.au/policy/index.html.
2.3 Media
132 media enquiries were made to the Office during 2006–07. This is down 11% from the 148 enquiries received in 2005–06. Of the 132 enquiries, 84 were from print media, 29 from radio stations, ten from television, eight from news websites, and one from a news agency.
The enquiries concerned a range of privacy-related issues, with the most common including:
- scanning of patrons’ identification by clubs and bars
- alleged privacy breaches by various organisations
- incidents involving access by staff of government agencies to client records
- companies transferring client data to overseas centres for processing
- doctors’ use of overseas transcription services
- the Health and Social Services Access Card
- the disclosure of financial transactions by SWIFT (the Society of Worldwide Interbank Financial Telecommunication) to law enforcement agencies
- privacy concerns resulting from online technologies.
In most cases, background information on the issue or a comment was supplied to the journalist. Interviews were also conducted on various radio stations and television programs.
The Office prepared 31 media announcements and releases during 2006–07.
The Office has an email list specifically targeting media personnel and media agencies. Members of the email list receive the Office’s media releases and announcements. Information about the list is available at www.privacy.gov.au/lists/index.html.
2.4 Speeches and Presentations
The Office delivered 26 speeches during 2006–07. These speeches were on a number of key issues including the Australian Law Reform Commission’s review of privacy, information technology, privacy and business and the Office’s new Strategic Plan 2007–09. The Commissioner also gave a number of speeches around Australia in conjunction with the Privacy Connections events hosted by the Office (see section 2.7.1).
A complete list of speeches and presentations made by the Commissioner and Office staff can be found at Appendix 3. Supporting papers and PowerPoint presentations for a number of these speeches are available on the Office’s website at www.privacy.gov.au/news/speeches/index.html.
2.5 Publications
The Office developed a number of new publications over 2006–07 including its new quarterly newsletter, Privacy Matters (see section 2.5.1). In Privacy Awareness Week 2006 (see section 2.7.3), the Attorney-General launched the Office’s Privacy Impact Assessment Guide developed for use by public sector agencies (see section 1.3.1), and the Office’s new layered Privacy Policy (see section 2.2.3). Also in Privacy Awareness Week, the Office released two ‘Ten Steps’ guides which provided ten practical steps that individuals and organisations could take to protect their own and other people’s personal information.
In 2007 the Office released a new information sheet on the Prescription Shopping Information Service and the Privacy Act (see section 1.6.3).
Most of the Office’s publications are available online at www.privacy.gov.au/publications/index.html.
2.5.1 Privacy Matters Newsletter
In September 2006, the Office launched its quarterly privacy newsletter Privacy Matters. The purpose of the newsletter is to provide an accessible and easy-to-read publication that keeps interested stakeholders up-to-date with important Office-related compliance, policy, public affairs and other privacy developments.
The newsletter is an initiative which implements Recommendation 50 of the Office’s 2005 Report, Getting in on the Act: The Review of the Private Sector Provisions of the Privacy Act 1988. It complements the work the Office already does through its various stakeholder networking strategies (see section 2.7), and further assists the Office in its Strategic Plan purpose of promoting and protecting privacy in Australia.
The Office aims for each issue of the newsletter to have as its primary focus one or two significant feature articles covering privacy matters of current importance. The newsletter also keeps subscribers informed of other privacy-related events and matters of interest, both within the Office and in the broader community.
The Office intends to continue producing Privacy Matters on a quarterly basis throughout the next reporting period. Subscription to the newsletter is available by visiting the Office’s website at www.privacy.gov.au/news/privacymatters/index.html.
2.5.2 Publications Review
In 2007 the Office commenced a comprehensive review of its existing publications to ensure that Office guidance material continues to best meet the needs of its stakeholders.
The publications review aims to identify and correct any inaccurate or outdated material, ensure that Office guidance material is presented in clear and understandable language, and address gaps in content. As part of this review, the Office intends to develop systems for the management of Office publications to facilitate their upkeep into the future.
The Office has recently completed an audit of existing publications and will shortly commence implementing updates identified in this process.
2.6 Community Attitudes Survey
In early 2007, the Office commenced work on a research study to ascertain community attitudes towards privacy issues. It commissioned the Wallis Consulting Group to undertake the quantitative study, which follows on from similar research the Office carried out in 2001 and 2004. The project will be completed and reported on in 2007–08.
2.7 Networking for Privacy Solutions
2.7.1 Privacy Connections
In line with Recommendation 50 of the Office’s 2005 Report, Getting in on the Act: The Review of the Private Sector Provisions of the Privacy Act 1988, the related Budget commitment, and the Office’s 2007–09 Strategic Plan (Goal 2: increased awareness of privacy choices and obligations within the community), the Office undertook during 2006–07 to re-energise its Privacy Connections network of privacy professionals in the private sector. In this respect, it hosted a series of well-attended forums, allowing an opportunity for privacy professionals to network, to meet and engage with the Privacy Commissioner, and to learn about various privacy issues and developments both in Australia and abroad.
In November 2006 a breakfast forum was held in Sydney to mark five years since the introduction of the private sector provisions of the Privacy Act. Keynote speakers included the Attorney-General, the Hon. Philip Ruddock MP, the Privacy Commissioner, and Suzanne Pigdon, the former Privacy and Customer Advocacy Manager of the Coles Myer Group and a member of the Office’s Privacy Advisory Committee. Corporate breakfasts were also held in May 2007 with the Privacy Commissioner and Ms Pigdon in both Adelaide and Perth, in association with those states’ chambers of commerce.
Further events have been scheduled for early in 2007–08 in Brisbane, Canberra, Melbourne and Sydney, with Mr Peter Cullen, the US-based Chief Privacy Strategist of Microsoft, as the keynote speaker.
Privacy Connections members also receive electronic updates from the Office on a range of privacy issues, developments and events. The network commenced in 2001 and as at 30 June 2007 had 1841 members.
Information about Privacy Connections is available at www.privacy.gov.au/business/network/index.html.
2.7.2 Privacy Contact Officer Network
The Office manages a network of Privacy Contact Officers (PCOs) from Australian and ACT Government agencies. The Office hosts four PCO meetings a year to provide PCOs with an opportunity to network and to hear from speakers on a range of privacy-related issues. These meetings also enable PCOs to meet with Office staff and regularly hear from the Commissioner on the Office’s activities and initiatives.
During 2006–07, the Office has used this forum to inform PCOs of changes to the Office’s approach to complaint handling, key aspects of the Office’s submission to the Australian Law Reform Commission (ALRC) review of privacy, and international developments in privacy regulation.
The Office has also invited external speakers to address PCOs including a senior legal officer at the ALRC to provide an update on its review of privacy, an adviser to the Attorney-General to discuss privacy from a ministerial officer’s perspective, a member of the Privacy Advisory Committee, and individual PCOs.
In December 2006, the Office presented a ‘Privacy Checklist’ to the network that the Office developed to help PCOs effectively handle privacy complaints, and the PCOs were surveyed for their feedback on this resource. The Office also consulted with the network on Privacy Awareness Week 2007 and the resources and activities they would like to see promoted during this event.
In general the PCO Network provides a crucial link between agencies and the Office for the purposes of managing privacy complaints and the Office continues to promote the important role of the PCO as an internal agency contact point for information about privacy compliance obligations.
2.7.3 Privacy Awareness Week
The Office celebrated Privacy Awareness Week from 27 August – 2 September 2006. The Office collaborated with Privacy Victoria, Privacy NSW and the Office of the Information Commissioner, Northern Territory to promote the event.
The week was an opportunity to encourage organisations and agencies covered by the Privacy Act to promote privacy awareness among staff and customers.
During Privacy Awareness Week the Attorney-General launched two key documents produced by the Office: the Privacy Impact Assessment (PIA) Guide (see section 1.3.1) and the Layered Privacy Policy (see section 2.2.3). Guides were also released setting out ‘Ten Steps’ on how to protect personal information for individuals, agencies, and organisations and privacy quizzes were developed to encourage individuals, agencies and organisations to examine their general knowledge and understanding of privacy.
The Office is continuing its involvement in Privacy Awareness Week in 2007 through joint promotions and activities with the Asia Pacific Privacy Authorities (APPA) (see section 2.9.1), as well as its own Privacy Awareness Week calendar of events.
Privacy Awareness Week will be held from 26 August – 1 September in 2007. The Office’s promotional activities leading up to and throughout Privacy Awareness Week will contribute to the Office’s goal of increased awareness of privacy choices and obligations within the community as outlined in the Office’s 2007–09 Strategic Plan.
2.8 Privacy Advisory Committee
The Privacy Advisory Committee (PAC) is established under s. 82 of the Privacy Act. Its members are appointed by the Governor-General. The functions of the PAC are established under s. 83 of the Privacy Act and provide for the PAC to assist the Commissioner in engaging in and promoting community education and consultation, in relation to the protection of individual privacy.
The PAC also advises the Commissioner on matters relevant to his/her functions. They act as an external reference point that supports the Commissioner in gaining access to the broad views about privacy in the private sector, government and the community at large.
This year, the PAC has been actively involved in a number of Office activities. Members of the PAC had significant input into the development of the Community Attitudes Survey (see section 2.6), including participation in the tender evaluation and content review committees.
The PAC members provided support to the Office through their promotion of the Privacy Connections network events (see section 2.7.1). Suzanne Pigdon, a member of the PAC, was a keynote speaker at three events and provided attendees with information and advice on privacy from a business perspective.
PAC members also attended the 2006 Asia Pacific Privacy Authorities Forum (see section 2.9.1) and the Asia-Pacific Economic Cooperation (APEC) Data Privacy Seminar.
There are currently six members of the PAC. Ms Robin Banks was appointed as a PAC member in November 2006 replacing Mr Graeme Innes AM who resigned in December 2006.
2.9 International Liaison
2.9.1 Asia Pacific Privacy Authorities
The Asia Pacific Privacy Authorities (APPA) forum is a regional forum that includes this Office, the State and Territory Privacy Commissioners in Australia (NSW, Victoria and the Northern Territory), together with the Privacy Commissioner of New Zealand, the Privacy Commissioner for Personal Data of Hong Kong and the Korean Information Security Agency.
The Forum meets biannually and is hosted with a rotating venue and host. In June 2007 the 27th APPA forum was hosted by the Office in Cairns to coincide with the APEC Senior Officials Meetings and Data Privacy Seminars. At this meeting the APPA membership was broadened to include the Information and Privacy Commissioner of British Columbia, Canada.
APPA meetings are an important opportunity to discuss international privacy developments and emerging issues of relevance to APPA affiliates. The Forum provides an opportunity for Commissioners to exchange knowledge and experiences about privacy regulation across different jurisdictions. At the 27th APPA forum it was agreed that a Working Party be established to look at the possibility of developing guidelines for the protection of individuals’ privacy rights in relation to the use of biometrics.
At the 26th APPA forum hosted in November 2006 by the Office of the Privacy Commissioner for Personal Data, Hong Kong, the APPA members agreed to jointly undertake Privacy Awareness Week (see section 2.7.3) in 2007. As a result an international privacy themed competition was launched in April 2007 targeting secondary students. Publicity for the competition has included a joint media release, the production of a website (www.privacyawarenessweek.org) and a mail out to secondary schools across Australia, Hong Kong and New Zealand which included an introductory letter, poster and promotional booklet. Promotional material was translated into Chinese to ensure the competition was accessible to entrants from the jurisdictions involved. The Commissioners will announce the competition winners during Privacy Awareness Week 2007 (26 August – 1 September 2007).
As outlined in the Office’s 2007–09 Strategic Plan, robust relationships are at the core of how the Office operates. Developing international linkages, particularly through the APPA forum, is one way in which the Office achieves this. APPA is an effective forum that the Office will continue to develop and sustain through future joint initiatives.
2.9.2 28th International Conference of Data Protection and Privacy Commissioners
In November 2006, Deputy Privacy Commissioner Timothy Pilgrim attended the 28th International Conference of Data Protection and Privacy Commissioners held in London. The theme of the conference was ‘A Surveillance Society?’, with speakers addressing a range of issues related to surveillance and how to balance public safety with individual privacy rights.
At the conference a resolution proposed by the New Zealand Privacy Commissioner and co-sponsored by the Australian Privacy Commissioner was adopted. This resolution recommended that attention be given to improving conference organisation arrangements with a view to ensuring the continued viability of annual conferences. With the adoption of the resolution, a working group was established to examine existing organisational arrangements and suggest options for improvement.
The New Zealand Privacy Commissioner is chair of the working group which encompasses four subgroups; the Hosting Subgroup, the Host Selection Subgroup, the Website Subgroup and the Participant Expectations Subgroup.
Fourteen data protection authorities are participating in the working group with this Office acting as chair of the Hosting Subgroup and co-chair of the Website Subgroup.
The working group is due to report its findings to the 29th Conference to be held in Canada in September 2007.
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