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