This essay discusses the roles and responsibilities of the government, business organizations, and individuals in maintaining data privacy in Australia. It explores the current data privacy issues, the legal framework, and the importance of protecting personal information.
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Running Head: Data Privacy in Australia Data Privacy in Australia Essay System04104 6/2/2019
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Data Privacy in Australia 1 Introduction Data privacy and data breach related issues are the common occurrence now in these days. Every day an individual, organisations, or even the government sites reported complaint that they are facing problems related to data breaches or leak of their personal or secret information (Watts and Casanovas, 2018). People now understand that the information they are sharing online or store online is never safe or secure. As every day a large number of cybercrimes and cyber thefts happening, it is the responsibility of every one to play a role of barrier between the cyber criminals and data storage centre whether it is government, businesses, or individuals. They all have to play a crucial role to protect the personal information to be disclosed in the public. This essay is based on the roles and responsibilities of government, individuals, and business organisation in data privacy and how these three parties can stop the data beach and data privacy issues in Australia. However, the essay also includes the roles of business organisations and individuals in maintaining the data privacy. What is Data Privacy? Data privacy is related to relationship between collection of data and dissemination of data and proper handling of data, which contain private and sensitive information about the people, organisation, or even about the government and that needs to be safe and secure. Any unauthorised access or dissemination of data called data breach, which is an illegal activity and normally done by cyber criminals for their personal use of gain (Bennett and Raab, 2017). Data Privacy in Australia Australia does not have any general law regarding right to privacy in Australia. The information rights in the Australia are protected by a combination of commonwealth, state, and territory legislation. Each state and territory has their own a set of privacy principles, which is based on the OECD principles. However, to protect the privacy of online users and for the online data privacy, Australia uses Australian Privacy Principles (AAPs), which helps to protect the user privacy rights and protect their data from any unethical access or authorization. However, in Australia the key legislation applied to online privacy along with the data privacy under the act of ‘Privacy Act 1988’ (Cth).
Data Privacy in Australia 2 People are sharing or storing large number of personal information and data on the online apps or online data store such as cloud storage, Google drives etc. apart from this, every organisation has their own data warehouse where they can store a huge amount of personal data such as user’s online banking transactions, online purchasing records, bank details etc. These information need to protection because these are sensitive data of users and breaching of data may result in heavy loss in terms of both financially and mentally (Eckstein, et. al., 2018). Role and Responsibilities of Government in Data Privacy Role of government is so important in managing and maintaining the data and its privacy. The major reason behind this is the vast collection and storage of data in the data warehouse of government. Government is responsible for storing and collecting a huge amount of data relatedtoitscitizen’spersonalfinancialtransactions,theirhealthrecords,personal information like age, education, and even the details related to driver license etc. Government of Australia is responsible for managing these data and ensure that no one use these data for personal gain or benefits (Sivaraman, et. al., 2015). However, in Australia, every state plays an important role in data privacy and security However, to ensure the safety and security of these sensitive data, the government needs to implement a strict cybercrime laws in the country and made it compulsory to adhere everyone. The best ways of managing these data and protect the personal information of citizens, the Australia government should make a strong technological security surroundings for its data warehouse where it keeps all the data related to its people (Daly, 2018). The other responsibility of Australian government is to implement a common legislation in whole country, which is mandatory to follow everyone while using online information, sharing personal data, or storing any sensitive data online. However, the privacy act 1988 includes thirteen Australian Principles, which is applied on both individual and organisations (Swieca, Hamilton and Meaklim, 2017). The government needs to ensure that all the principles are followed by people and adhere in proper manner, thus any data breach issue will not be raised. The privacy Act of government protect the data related to credit reporting system of people, income tax and other tax file numbers, and information related to health and medical research. The government has responsibility to ensure that not a single data leaked to any unauthorised person and every person will get their own personal information with easy access facilities (He, Chan and Guizani, 2015).
Data Privacy in Australia 3 Roles and Responsibilities of Business organisations in Data Privacy In the era of online business operationsand Internet of things (IoT), every business organisation has to deal with large number of user’s personal data and information. People uses online mode for buying products and services in every country and pay the cost of the product through online. Therefore, it is the responsibility of business organisation to protect the user’s personal data and their transaction detail and bank detail history. As growing number of people, every day shopping or buying products online and it leads to vast amount of data generation for the business organisation with every increasing number of customers and their activities. Managing such a large volume of data is really a tough for any business organisation. However, it has been accepted by many researchers and analyst that companies can gain a better insight into their customers and increase their efficiency by tapping into big data. However, it is the responsibility of business organisation to protect the data of its customers and avoid any unauthorised access or theft of data from any cyber-attacks (Jackson, O'Donnell, and Cattlin, 2016). The Australian business organisations is generally fail to provide the protection for the customer data and the number of cases of cyber-attacks and data privacy issue increases with every passing years. One of the great examples of irresponsible behaviour towards data privacy was Facebook. Facebook has been criticized for many times when it was discovered that Cambridge Analytica used more than 87 million of Facebook user’s personal information for the personal benefit and tried to influence the result of USA election in 2016. Therefore, the roles of organisations are really crucial factor in providing privacy to the user’s data and avoid any data breach issue (Mehmood, et. al., 2016). Roles and Responsibilities of Individual in Data Privacy The individual’s roles in data privacy are so crucial in the country. The Australian Privacy Principles (APP)-12 provides an authority to the individuals to access their own data and the organisation must respond to the query of users (Perera, et. al., 2015). Apart from this, it is essential for an individual to follow the government rules, laws, and safety measures to maintain the data privacy. However, the responsibilities of individual are not limited to access their own data rather people should also care when they access the data from other sources. It is the responsibility of people to follow the cyber law and data privacy regulation when they access or share any information on the internet (Cavoukian and Chibba, 2018).
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Data Privacy in Australia 4 Apart from this, the individual should also ensure that they are not sharing their credential such as id and passwords with other unknown person. An individual must care about the sensitivity of data and protect the privacy of data while using the internet (Pow, et. al., 2017). The Australian government needs to protect the privacy of data by a strong cyber laws and stop those people who gain advantage of person data by selling them to another party and gain personal benefits. It is the responsibility of individuals that do not share their personal data such as bank details, social id passwords, taxation and income details, or any other such type of personal details with other unknown person, which is sensitive in nature and may result in heavy loss if data privacy is breached. Conclusion In conclusion, in order to maintain data privacy government, business organisations, and individuals all have their own responsibilities and if these all follow the cyber law and adhere the law related to data privacy in Australia, not a single data breach will be recorded. These all should follow the ‘Australian Privacy Principles’ and ‘Privacy Act 1988’, while access or using any data. However, the responsibility of Australian government is crucial, as they are responsible to manage a huge amount of data about their citizens and different business organisation. Apart from this, the government should also ensure that people in the country follow the privacy laws and did not try any unauthorised access of data, which is sensitive and leads to a major loss for people. The government should ensure that every individual aware about the law and follow all the necessary guidelines and ethical rules while accessing data from Internet.
Data Privacy in Australia 5 References Bennett, C. J., and Raab, C. D. (2017)The governance of privacy: Policy instruments in global perspective,UK, London:Routledge. Cavoukian, A., and Chibba, M. (2018) Privacy seals in the USA, Europe, Japan, Canada, India and Australia.Privacy and data protection seals(pp. 59-82). TMC Asser Press, The Hague. Daly, A. (2018) The introduction of data breach notification legislation in Australia: A comparative view.Computer law & security review,34(3), pp. 477-495. Eckstein, L., Chalmers, D., Critchley, C., Jeanneret, R., McWhirter, R., Nielsen, J., and Nicol, D. (2018). Australia: regulating genomic data sharing to promote public trust.Human Genetics,137(8), pp. 583-591. He, D., Chan, S., and Guizani, M. (2015). User privacy and data trustworthiness in mobile crowd sensing.IEEE Wireless Communications,22(1), pp. 28-34. Jackson, M., O'Donnell, J., and Cattlin, J. (2016). Simple online privacy for Australia.First Monday,21(7), pp. 55-61. Mehmood, A., Natgunanathan, I., Xiang, Y., Hua, G., and Guo, S. (2016). Protection of big data privacy.IEEE access,4, pp. 1821-1834. Perera, C., Ranjan, R., Wang, L., Khan, S. U., and Zomaya, A. Y. (2015) Big data privacy in the internet of things era.IT Professional,17(3), pp. 32-39. Pow, C., Iron, K., Boyd, J., Brown, A., Thompson, S., Chong, N., and Ma, C. (2017) Privacy- preserving record linkage: an international collaboration between Canada, Australia and Wales.International Journal of Population Data Science,1(1), pp. 47-54. Sivaraman, V., Gharakheili, H. H., Vishwanath, A., Boreli, R., and Mehani, O. (2015) Network-level security and privacy control for smart-home IoT devices. In2015 IEEE 11th International conference on wireless and mobile computing, networking and communications (WiMob)(pp. 163-167). IEEE.
Data Privacy in Australia 6 Swieca, J., Hamilton, G. S., and Meaklim, H. (2017) The management, privacy and medico- legal issues of electronic CPAP data in Australia and New Zealand: Electronic CPAP data management in Australia and New Zealand.Sleep medicine,36, pp. S48-S55. Watts, D. and Casanovas, P. (2018)Privacy and Data Protection in Australia: a Critical overview[online].Availablefrom:https://www.w3.org/2018/vocabws/papers/watts- casanovas.pdf [Accessed: 03/05/2019].