Building on previous Parliamentary Library publications, this paper takes up
the story of privacy law reform from 1996 onwards. The paper begins by
distinguishing between different categories of privacy (pages 1-3). It then
considers recent developments and proposed developments in various
jurisdictions, including Canada, the US and the UK. This discussion takes in
issues relating to the protection of privacy in the private sector where the
key issue is whether law makers follow the self-regulatory model, as currently
preferred in the US and at the federal level in Australia, or whether a
co-regulatory/legislative approach is taken, as in New Zealand. Much may depend
on what is found to be adequate' protection under the EU Data Protection
Directive (page 20). The one constant feature of the debate on privacy over
recent years, especially as this has related to the protection of privacy in
the private sector, has been the concern to establish a nationally consistent
regime (page 11).
The immediate response to the long-running privacy debate in NSW is
considered in the next section of the paper which takes as its focus the
introduction in NSW of the Privacy and Personal Information Protection Act
1998. This Act is directed to the State public sector only. It does not
cover the private sector; nor does it cover State owned corporations (pages
20-33).
NSW legislation dealing with video surveillance in the workplace is dealt
with separately (pages 33-36); while the last section of the paper comments on
two further issues, namely, the surveillance of e-mail communications in the
workplace and the implications of Internet communication generally for the
protection of privacy (pages 36-42).