The Privacy Act and implications for social media
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Transcript of The Privacy Act and implications for social media
Indecent Exposure – Are Your Private Parts Truly Private?
(Social Media and Technology)
Barbara BuckettBarbara Buckett & Associates
16 June 2010
Tension: Between the Private (Personal and the Public)
The right to know The right to control The right to use The right to disseminate
Core Conflict: Public vs Private
What should the public know? At what point does the public
subsume the private? How much control should
individuals release or have over their information and private lives?
How much intrusion is warranted?
Regulation governing intrusion / commercial acumen?
Outing Your Business:
French President – Mr Nicolas Sarkozy
The accepted use of social media by employees for business
Recent Exemplars: Detriment
Fabricated Facebook profile – four teenagers create a fake profile
Editing with ill intent – florist diverts business through internet manipulation
Corporate defamation – blog used to discredit employer
Corporate discredit – blog used to deride workplace
Corporate disrepute – employee uses Bebo to bring Warehouse into disrepute
Recent Exemplars: Detriment continued
Email anger Breach of employment contract through
web Restraint order consent – McDonalds
obtain restraint order, restraining dissemination of confidential / business information
Internet as a political tool Internet as a retaliatory tool CCTV usage – cameras in public toilets
panned
Tension: Benefit and Detriment
What constitutes a balance between privacy and other public / social interests?
Has the pendulum swung too far in favour of public?
Is the current legislation effective in regulating workplace intrusions into the personal?
Electronic MonitoringRadio Frequency Identification
Devices (RFID)Finger ScanningCCTVWi-Fi NetworksDNA Testing
Exemplars: Scope for potential intrusion growth
What do Individuals Need to Protect their Personal Information?
Freedom from intrusion Freedom from unsolicited
monitoring Control of personal
information Protection from misuse
Recognise the threat posed by modern technology
Reform the legislation to align with developments in technology science and human rights
Amend the legislation to ensure personal information is not misused
Introduce privacy codes (minimum standards)
Bring New Zealand laws in line with other countries policies and legislation (globalisation)
The Road Ahead…
Harness The Beast: Maximise the benefits, reduce the detriment and harm