Clarity needed on privacy laws

Privacy Law

By Jeannette Scott | Nexus Law Group Principal – Queensland

The privacy battle between Ben Grubb and Telstra has highlighted the lack of clarity around the definition of metadata and scope of personal information. The Privacy Commissioner’s determination has brought the issue from the political arena into the public eye. The scope of what constitutes personal information is constantly evolving as a result of the updated definition.

The new data retention law (passed by both houses of parliament but currently awaiting assent) has further compounded the issue as it does not define metadata.  Jodie Sangster, CEO of ADMA warns the lack of clarity hampers business as companies are not clear how data can be used in innovative ways.  The determination was made in relation to the old privacy principles (the NPPs) prior to the amendments to the Privacy Act in March 2014. However, if metadata is now to be considered personal information under the new laws this has significant and far reaching implications, not just for marketers but for business generally.

If you are not alarmed – you should be!  Subscribe to ADMA’s Regulatory & Compliance news to monitor developments.

If you have any questions, contact Jeannette Scott at [email protected] or telephone +617 3182 3475.

 

This article first appeared on LinkedIn.

 

This publication is © Nexus Law Group and is for general guidance only. Legal advice should be sought before taking action in relation to any specific issues.