Surveillance and Privacy 2003:Terrorists and Watchdogs

International Law and Policy Conference8th and 9th September 2003

Baker & McKenzie Cyberspace Law and Policy Centre Sydney, Australia

Day 2: Presentation on Theme, ‘What Use Are Privacy Commissioners?’/ ‘Looking Ahead: How Do We Make Privacy Laws Work?’

WHAT USE ARE PRIVACY COMMISSIONERS?

Charles D. RaabProfessor of Government University of Edinburgh

Privacy Commissioners: Seven Interrelated Roles

• Ombudsmen

• Auditors

• Consultants

• Educators

• Policy advisers

• Negotiators

• Enforcers

What Should Commissioners Be Expected To Do?

• Protect privacy

• Promote good information practice

• Balance between the two?

What Is Wrong With Laws and Commissioners?

• Laws are too complex and unclear

• Interpretations are often unavailable or contestable

• Commissioners are often underpowered for some or all of their roles

• The climate for privacy protection is unfavourable owing to– priority given to other public issues and

moods– conflict with other government policies

How Can Regulation Be Made To Work Better?

• Recognise that laws and commissioners are insufficient

• Develop other instruments– self-regulation– PETs– public awareness and activism

• Promote an integrated privacy regime

• Re-examine concepts and promote research