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Still, the clandestine nature of Web bugs raises issues about whether email, document or Web site authors should have the right to secretly track the activities of individuals.
And it doesn't help that privacy laws are often vague on the subject.
"It's [Privacy is] just such a gray area of the law," said Irene Graham, Executive Director, online civil liberties organization Electronic Frontiers Australia (EFA). "EFA's been complaining about this sort of thing in every submission we've put in on privacy amendments and stuff for years, because we think things like web bugs are a serious concern, and there should be laws surrounding their use, or just make them illegal."
The Australian Privacy Act stipulates that it is illegal for an organization to be collecting personal information that is not necessary for one of its functions or activities. Determining the legitimacy of information collection is a task that lies solely with the Privacy Commissioner, who typically assesses complaints on a case by case basis.
According to the Office of the Privacy Commissioner, organizations that collect personal information must comply with the National Privacy Principles contained in the Privacy Act, which include the responsible use of information, keeping the information secure, and providing individuals access to their personal information.
"The Privacy Act makes provision for the operation of other laws and interests, for example by exceptions that permit the collection, use or disclosure of personal information where this is required or authorized by another law," said a spokesperson for the Office of the Privacy Commissioner.
"However," she added, "in most cases, Privacy Act obligations, for example requiring organizations to make sure people are aware personal information is being collected and for what purpose, still apply."
But the EFA is dissatisfied.
"The problem is that, for example, that a company that uses this information for their marketing or profiling purposes could claim that this is a necessary function," Graham said. "But is it necessary? I would argue no!"
"I fear that depending on the circumstances, under the current law, the privacy commissioner may well find that businesses may have the right to do that [obtain personal information no good reason]."
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Ticked Off at Tick the Box Mentality 04/02/2008 13:01:15
Does your executive search firm know the difference between an MIS manager and a CIO, and if it does, can it explain that difference to its corporate clients?Does your executive search firm know its MIS managers from its elbow? Does it even know the difference between an MIS manager and a CIO, and if it does, can it explain that difference to its corporate clients?
Read up on the latest ideas and technologies from companies that sell hardware, software and services. Taking On Demand CRM Integration to the Next Level
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Zones provide focussed content from Computerworld and leading technology partners.Discover how SOA can create smarter outcomes for your business.
Attend and learn:
- How SOA is helping leading companies to become more agile
- Where you should be applying SOA processes in your company
- The top SOA implementation mistakes to avoid
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Computerworld Live Podcast #97: The Future of Enterprise Networking 25/07/2008 09:45:36
This week CW Live chats with Mark Thompson, global sales and marketing manager for HP ProCurve, on the future of the enterprise networking. Mark discusses the trends we can expect to see in the near future and how the right infrastructure can ensure your enterprise network is secure. - +
Computerworld Live Podcast #96: Security at the Edge 11/06/2008 09:22:22
CW Live speaks with Amol Mitra, HP ProCurve Director of Marketing for Asia Pacific and Japan. Today's topic: how enterprises are starting to shift away from simply controlling security via server logins, firewalls and moving to more adaptive security frameworks. - +
Data Management Edition #10: Multi-Petascale Systems 02/05/2008 09:12:33
This week we look at sustainability and the development of multicore technologies to build multi-petascale systems. - +
IT Security Edition #11: How to poison the Storm botnet 01/05/2008 08:51:55
This week CW Live presents a case study on how to poison the notorious Storm botnet . Plus we take a look at Cisco's plans for Ironport. - +
IT Security Edition #10: Cyber-battles fought and won 24/04/2008 11:09:47
Vendors bow to end user pressure to improve product security, and we take a look at the latest concepts shaping the cyber-battlefield of the future.
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AARNet Brings 4K Digital Cinema to Australia: First 4K HD Video Signal delivered into Australia by AARNet 2008-11-20 12:02:00+11
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