Invasions of privacy

Computers don't invade anybody's privacy. People do. Since computer systems are designed to be user-friendly, it may not be difficult for unauthorised people to get access to personal data. People must be able to protect their computer files and limit file access only to authorised users.

The protection procedures used depend on individual situations. For example, consider what happens when you ask for credit. the prospective creditor asks you to provide information about yourself, your financial situation, and any loans you have made in the past. You should carefully red anything you sign, especially papers related to borrowing money. Almost every loan application has a provision under which you give the prospective lender permission to check on your credit status. Lenders need to know an individual's financial history to protect their investments. This means that lenders can contact computer credit services, banks, retailers, or others with whom you have done business.

Once you give permission to have your credit checked, you have given up some of your rights to privacy. Before you sign, be sure you understand what rights you are surrendering. you also should come to an understanding with the party that asks for permission to investigate you. for example, you can ask what happens if negative information is reported. make it clear that you feel you have a right to see and explain any negative reports that might be issued. On the other hand, if you know of past problems with credit or other personal information, it is better to explain the problem in advance. If the information will disqualify you, save the embarrassment of authorising an information search. don't apply for credit until you are fairly sure you will qualify. Be aware that computer files may contain information on almost any business transaction in which you have been involved.

If you learn of any negative information reported about you, be aware you have the right to correct any errors. There have been instances in which bad credit information has been entered into the wrong records. Also, businesspeople can make unjustified or incomplete reports about your actions, as in the example of the rent dispute.

Laws relating to privacy in Australia

The ‘common law’ countries such as England and Australia have never recognised a tort (or wrong) of privacy. Other torts, however, such as defamation or trespass, may assist in the preservation of a person’s privacy. Trespass to land, for example, is designed to discourage an unwelcome visitor from remaining on another person’s property and may then offer incidental protection to the privacy of the land owner. This can be contrasted to the US legal system where the law does recognise an action for the ‘invasion of privacy’. This legal acceptance of a right to privacy coupled with the rise of computer systems in the US has resulted in significant legislative initiatives. These include the Fair Credit Reporting Act 1970, the Freedom of Information Act 1970, the Privacy Act 1974 and the Computer Fraud and Abuse Act 1986.

Australian governments, both state and federal, have generally been influenced by the US experience. Major pieces of legislation in this area include the Privacy Act 1988 (Commonwealth) and the Credit Reporting Act 1978 (Victoria).

The aims of the Privacy Act can be summarised as follows:

The federal government is required to have its departments and agencies comply with ‘Information Privacy Principles’, which include the security and storage of personal information, the accuracy of records, how personal information may be used and disclosed to third parties, and individuals having access to their own personal records. There is a Privacy Commissioner who has the power to inspect an agency’s records and if necessary, to require them to alter the way they handle and collate information, so as to abide by the Information Privacy Principles.

Usually, before a financial institution will lend money to a potential borrower, it will check that borrower’s credit rating. The resulting credit report may detail information about whether any court judgements have been made against the borrower, or whether he or she has been declared bankrupt.

The aims of the Credit Reporting Act can be summarised as follow:

Besides the two pieces of legislation outlined above, the Freedom of Information Act 1982 and legislation relating to intellectual property; for example, the Copyright Act 1968, also regulate this area of the law.

General, the Freedom of Information Act allows people access to information held by the Victorian government. There are exceptions, however, to this general rule. For example, documents defined as Cabinet documents, documents affecting personal privacy and documents relating to trader secrets may be considered exempt and therefore not obtainable under the Act.