Data and digital rights: recent Australian developments

Gerard Goggin,Kimberlee Weatherall,Lucy Sunman,Ariadne Vromen,Fiona Martin

doi:10.14763/2019.1.1390

Gerard Goggin, Kimberlee Weatherall + Show 3 more

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https://doi.org/10.14763/2019.1.1390

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Journal: Internet Policy Review	Publication Date: Mar 31, 2019
Citations: 10	License type: cc-by

Abstract

Data privacy rights is one of the most urgent issues in contemporary digital policy. In the face of insurgent citizen activism and outcry, national governments are looking for options to address this problem - something difficult for many jurisdictions when they lack robust, responsive policy frameworks, even in the wake of the call to act represented by the European General Data Protection Regulation (GDPR). In this paper we explore two Australian developments in 2018-2019 which take up the challenge: proposals from the Australian Competition and Consumer Commission (ACCC)'s Digital Platforms Inquiry to more stringently regulate social media companies when it comes to data privacy; and the government-mandated creation of a Consumer Data Right. Both policy initiatives seek to grapple with the widening pressure to provide better public domain information, fair and effective options for users to exercise choice over how they configure technologies, and strengthened legal frameworks, enhanced rights, and better avenues redress. However, in our analysis, we find little evidence that the initiatives are joined up, or connected by any common goal of really understanding, or acting on, citizen concerns to do with data privacy threats.

Highlights

Digital rights have become a much debated set of issues in a world in which digital communications, cultures, platforms, and technologies are key to social life (Couldry et al, 2018; Hintz, Dencik, & Wahl-Jorgenson, 2019; Isin & Ruppert, 2015).We see this, for example, in public debates about the widespread application of biometrics systems, facial recognition, or mandatory retention of telecommunications data, strategies nominally mobilised by nation states in their pursuit of information about terrorist threats, and in controlling political dissidence
In Australia while there is a groundswell of concern and continuing activism on digital rights issues, there is no real reform of general privacy and data protection laws afoot
This has led to criticisms — even from industry participants, such as the energy company AGL –– that the government should take the opportunity to update and strength the existing Privacy Act, rather than creating a separate set of privacy safeguards, in effect leading to “twin privacy regimes” that would “complicate compliance as well as the collection of consents for data sharing from consumers” (Crozier, 2019; Dept of Prime Minister & Cabinet, 2018)

Summary

Introduction

Digital rights have become a much debated set of issues in a world in which digital communications, cultures, platforms, and technologies are key to social life (Couldry et al, 2018; Hintz, Dencik, & Wahl-Jorgenson, 2019; Isin & Ruppert, 2015).We see this, for example, in public debates about the widespread application of biometrics systems, facial recognition, or mandatory retention of telecommunications data, strategies nominally mobilised by nation states in their pursuit of information about terrorist threats, and in controlling political dissidence. Our findings showed considerable concern about individual privacy and data protection, and the adequacy of responses by technology corporations and governments (cf the key report by Digital Rights Watch, 2018).

Results

Conclusion