According to the Heinemann Australian Dictionary (1988a), privacy is “the state of being private or secluded”, and the definition of “private” is “not seen, used or shared by others”.
There are three different types of privacy: Physical Privacy, Information Privacy and Freedom from Excessive Surveillance.
Physical Privacy
An example of the absence of physical privacy would be when an individual's blood is collected without their knowledge for the purposes of testing to determine their blood type.
Information Privacy
Information privacy refers to personal information not being shown others without one's consent. For example; a person on the internet may not want to reveal their age and place of residence.
Freedom from Excessive Surveillance
Freedom from Excessive Surveillance means that one has the right not to be constantly monitored. This means that a person has the right to not be monitored all the time, whether on the internet or walking down the street. All persons have a right to privacy.
(What is Privacy? 2007)
Why is Privacy Important?
Privacy is important because it is a necessary part of society. Privacy controls the way information is collected, stored, and given out. Privacy enables people to feel secure, causing them to give accurate information in good faith. Privacy encourages freedom and diversity in society and helps build relationships. Privacy empowers people to reveal or conceal information about themselves.
(What is privacy? 2007)
What are the OECD Principles?
OECD stands for “Organization for Economic Co-Operation and Development.” (Roger Clarke 1996). This organization of people has come up with a set of regulations that are the benchmark for corporate governance around the world today. The set of principles that have the most relevance on this subject are:
- The Collection Limitation Principle
- The Data Quality Principle
- The Purpose Specification Principle
- Use Limitation Principle
- Security Safeguards Principle
- Openness Principle
- Individual Participation Principle
- Accountability Principle
What is the Collection Limitation Principle?
The Collection Limitation Principle means that governments should be limited to the amount of personal data that can obtained, and where possible the consent of the subject is required.
What is the Data Quality Principle?
The Data Quality Principle means that any data collected by governments should be relevant, accurate, and up-to-date.
The Australian government has adopted this OECD principle in the National Privacy Policy (2006) which states, “We take steps to ensure that the personal information we collect is accurate, up to date and complete. These steps include maintaining and updating personal information when we are advised by individuals that their personal information has changed, and at other times as necessary.”
What is the Purpose Specification Principle?
The Purpose Specification Principle means that the purpose for the data collection should be specified at the time of collection and should only be used for those purposes that were specified.
What is the Use Limitation Principle?
The Use Limitation Principle means that the data collected should only be used for the reasons specified. It may be only used otherwise if the subject has given permission or by the authority of the law.
The Australian government has adopted this OECD principle in the National Privacy Policy (2006) which states, “We only use personal information for the purposes for which it was given to us, or for purposes which are directly related to one of our functions or activities, and we do not give it to other government agencies, organisations or anyone else unless one of the following applies:
- the individual has consented
- the individual would reasonably expect, or has been told, that information of that kind is usually passed to those individuals, bodies or agencies
- it is required or authorized by law
- it will prevent or lessen a serious and imminent threat to somebody's life or health
- it is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of public revenue.
What is the Security Safeguards Principle?
The Security Safeguards Principle means that any data or personal information kept by governments should be kept secure so that no un-authorized person can access it.
The Australian government has adopted this OECD principle in the National Privacy Policy (2006) which states, “We take steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse. These steps include password protection for electronic files, securing paper files in locked cabinets and physical access restrictions.
When no longer required, personal information is destroyed in a secure manner or deleted.”
What is the Openness Principle?
The Openness Principle means that the governments involved in collection of data should be open to the public about their policies, procedures, and practices.
What is the Individual Participation Principle?
