1. MALCOLM CROMPTON FEDERAL PRIVACY COMMISSIONER Building Trust in the Online Environment: Business to Consumer Dispute Resolution The Hague 11-12 December 2000 HCPIL

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

3. 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

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

5. 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

6. 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

7. 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

8. 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?