Paradox or Pressure? Consumer Expectations and the Australian Privacy Act

Abstract

This article outlines the empirical evidence in Australia regarding consumer privacy expectations as to commercial dealings with their data. Despite widespread disclosure of personal information from consumers to businesses, the evidence indicates that consumers believe that their privacy is important, and their personal information should be protected from misuse. However, this so-called ‘privacy paradox’, where consumer behaviour in ‘consenting’ to substantial data collection of personal information is not, in fact, a paradox. Rather, it is explained by consumers’ expectations and perceptions around data collection and handling by commercial entities: most importantly a perception by many that they have little or no choice or control over their personal information. It also shows that they expect the legal system to protect them against misuse of that data. With these expectations in mind, the article proceeds to introduce key parts of the general framework of the Privacy Act 1988 (Cth) under which digital data practices are currently regulated in Australia. Australia, Data Protection, Privacy, Consumers, Privacy Paradox