MALCOLM CROMPTON FEDERAL PRIVACY COMMISSIONER Building Trust in the Online Environment: Business to Consumer Dispute Resolution The Hague December 2000 HCPIL

The purpose of the Office of the Federal Privacy Commissioner An Australian culture that respects privacy

Sectoral codes Code Complaint Body Default legislation based on the NPPs NPPs Sectoral codes Code Complaint Body Privacy Commissioner handling complaints Sectoral codes OR Australia’s proposed framework: a “light-touch” approach

Roles Government –Sets the framework & Benchmarks Regulator (Privacy Commissioner) –Implements & enforces

The Challenge The Law cannot keep up –“the law moves 30 x slower than the Net” –Net = many small players with potential large impact (in addition to the large players with large impact!) Search for market based solutions –Law seen as stifling innovation Australia  a large global player –3% of global stock market capitalisation –~50% Australian Christmas 1999 online purchases were from offshore Web sites (AFR, 29 Dec 1999)AFR, 29 Dec 1999

The Implications Privacy Commissioners also need to work globally  Need to encourage Privacy Commissioners to work together  Need to learn how to do it Different role & different tools – no direct backing in law  Be heard  Consumer education  Cooperation – work with Seals

Hence the Seals project Pilot – 3 leading Seals –2 Commissioners’ Offices working together, Ontario & Australia –Other Commissioners as mentors Begin at beginning –Develop methodology Principles – OECDOECD Dispute resolution – Australian BenchmarksAustralian Benchmarks Compliance

Any lessons ? Privacy Commissioners need to re- think their roles Online world delivers much less command & control –Cooperation, partners, create demand –“Move at internet speed” –Strategic –Nike?