Transparent, balanced and vigorous: The exercise of the Australian Privacy Commissioner's powers in relation to National Privacy Principle 4
Siganto, Jean Josephine (2015) Transparent, balanced and vigorous: The exercise of the Australian Privacy Commissioner's powers in relation to National Privacy Principle 4. PhD thesis, Queensland University of Technology.
This thesis considers whether the Australian Privacy Commissioner's use of its powers supports compliance with the requirement to 'take reasonable steps' to protect personal information in National Privacy Principle 4 of the Privacy Act 1988 (Cth). Two unique lenses were used. First, the Commissioner's use of powers was assessed against the principles of transparency, balance and vigorousness and secondly against alignment with an industry practice approach to securing information. Following a comprehensive review of publicly available materials, interviews and investigation file records, this thesis found that the Commissioner's use of his powers has not been transparent, balanced or vigorous, nor has it been supportive of an industry practice approach to securing data. Accordingly, it concludes that the Privacy Commissioner's use of its regulatory powers is unlikely to result in any significant improvement to the security of personal information held by organisations in Australia.
Impact and interest:
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|Item Type:||QUT Thesis (PhD)|
|Supervisor:||Christensen, Sharon, Lane, Bill, & Burdon, Mark|
|Keywords:||National Privacy Principle 4, Information security, Privacy Commisioner's powers, Principle based regulation, Data security principle, Australia Privacy Principle 11, Reasonable security, Responsive regulation, Information security best practice|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
|Institution:||Queensland University of Technology|
|Deposited On:||01 Jun 2015 05:13|
|Last Modified:||08 Sep 2015 06:09|
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