The Conceptual Basis of Personal Information in Australian Privacy Law

Burdon, Mark & Telford, Paul W. (2010) The Conceptual Basis of Personal Information in Australian Privacy Law. ELaw Journal, 17(1), pp. 1-27.

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Australian privacy law regulates how government agencies and private sector organisations collect, store and use personal information. A coherent conceptual basis of personal information is an integral requirement of information privacy law as it determines what information is regulated. A 2004 report conducted on behalf of the UK’s Information Commissioner (the 'Booth Report') concluded that there was no coherent definition of personal information currently in operation because different data protection authorities throughout the world conceived the concept of personal information in different ways. The authors adopt the models developed by the Booth Report to examine the conceptual basis of statutory definitions of personal information in Australian privacy laws. Research findings indicate that the definition of personal information is not construed uniformly in Australian privacy laws and that different definitions rely upon different classifications of personal information. A similar situation is evident in a review of relevant case law. Despite this, the authors conclude the article by asserting that a greater jurisprudential discourse is required based on a coherent conceptual framework to ensure the consistent development of Australian privacy law.

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ID Code: 37696
Item Type: Journal Article
Refereed: Yes
Additional Information: An open access copy of the published article is freely available from the journal's website - see "Official URL" above.
Keywords: Information privacy law, Personal information, Contextualisation
ISSN: 1321-8247
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law not elsewhere classified (180199)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Past > Institutes > Information Security Institute
Copyright Owner: Copyright 2010 the authors.
Deposited On: 04 Oct 2010 23:59
Last Modified: 29 Feb 2012 14:25

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