Location data as sensitive information. QUT Digital Media Research Centre submission in response to the Privacy Act Review Discussion Paper

, , & (2022) Location data as sensitive information. QUT Digital Media Research Centre submission in response to the Privacy Act Review Discussion Paper. Attorney-General's Department, Australian Government.

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2022 DMRC submission to Privacy Act review.
Available under License Creative Commons Attribution 4.0.

Description

We welcome the opportunity to contribute to this review of the Privacy Act 1988 (Cth). Prof Peta Mitchell and Dr Jessica Megarry are part of the research team for the ARC- funded Digital Media, Location Awareness and the Politics of Geodata project, which critically examines the increasingly pervasive role of location metadata (or geodata) in Australian smartphone practices and cultures.
Our research indicates that:
• Location data is widely collected from Australians for a range of purposes.
• The collection, use and disclosure of location data can have serious potential
impacts on individuals, including risks to their personal safety.
• Location data can reveal other sensitive information about individuals.
• Australians are concerned about the privacy risks associated with sharing their
location data.
• Australians may provide ‘consent’ in relation to their location data, despite
privacy concerns, because they cannot otherwise use particular services.
• Australians may provide ‘consent’ in relation to their location data without fully
understanding how their location data is collected, used and disclosed.
• Companies have sought to rely on ‘consent’ that is neither fully voluntary nor fully
informed in legal proceedings brought against them. Based on this research, we recommend:
• Amending the definition of sensitive information to include location data.
• Explicitly including ‘voluntary’ and ‘informed’ in the definition of consent (proposal
9.1).

Impact and interest:

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ID Code: 227650
Item Type: Other Contribution
Refereed: No
ORCID iD:
Mitchell, Petaorcid.org/0000-0003-4523-6685
Megarry, Jessicaorcid.org/0000-0002-9522-2823
Measurements or Duration: 3 pages
Additional URLs:
Pure ID: 105124529
Divisions: Current > Research Centres > Digital Media Research Centre
Current > QUT Faculties and Divisions > Faculty of Business & Law
Current > Schools > School of Law
Current > QUT Faculties and Divisions > Faculty of Creative Industries, Education & Social Justice
Copyright Owner: The Author(s)
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Deposited On: 27 Jan 2022 01:41
Last Modified: 03 Mar 2024 11:35