Malcolm Crompton International Privacy: Managing Privacy in a Global Organisation – Identity, HR, Security & more IAPP TRUSTe Symposium: Privacy.

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Presentation transcript:

Malcolm Crompton International Privacy: Managing Privacy in a Global Organisation – Identity, HR, Security & more IAPP TRUSTe Symposium: Privacy Futures Breakout 5.06 San Francisco 11 June 2004

Take it as read: Employer has difficult obligations Fiduciary; brand risks Discrimination Complex Drugs, genetics, email surveillance IP, ID theft

New compliance risks: Asia Pacific region Review of Australian Employee Record Exemption from Privacy Act 1988 Inquiry by Victorian Law Reform Commission (Options Paper due June) New South Wales promises ban on ‘email spying’ by end 2004 Hong Kong HRM Code of Practice Hong Kong Consultation Report on Monitoring & Personal Data Privacy at Work (excellent review) More Canada employees covered by PIPEDA

An important recent Court decision in Australia – Seven Network (Operations) Limited v Media Entertainment & Arts Alliance, 21/5/04 Found breaches of elements of Collection Principle, NPP1, in Privacy Act NPP 1.1, Collection limitation – union collected not necessary for one or more of its functions NPP 1.3 & 1.5, Notice of collection – not given when collecting information directly or indirectly on individuals

A new emerging issue: Identity Management A significant response to managing the employer’s risk, but beware of the new risks it creates Is the ID data itself properly secured? Over reliance on ID itself introduces new risk When does it lead to Big Brother?

Conclusions While technology support is essential … Don’t forget the people dimension Treat people like suspects & they behave like suspects Trust is essential, so a balance is needed www.privacy.gov.au/news/speeches/sp1_04p.pdf