Indecent Exposure Are Your Private Parts Truly Private Privacy and Technology

1
Indecent Exposure Are Your Private Parts Truly
Private?(Privacy and Technology)

• Barbara Buckett
• Barbara Buckett Associates
• 27 August 2008

2
Conflict Between the Person and the Workplace

• Has the privacy legislation lost its
  effectiveness in the workplace with the
  advancement in things cyber?

• Should an organisation have a right to know you?

• Should there be regulatory control over the
  access of personal information through online
  searches and social networking sites, such as
  Bebo, Facebook etc?

3
The Balance

• What constitutes a balance between privacy and
  other social interests in the workplace?
• Has the pendulum swung too far in favour of the
  workplace?
• Is the current legislation effective in
  regulating workplace intrusions into the personal?

4
Privacy Challenges Topical Issues Blurring the
Demarcation

• Drug Testing in the Workplace
• Electronic Monitoring
• Search engines, internet, email, GPS devices,
  recording phone calls, radio frequency
  identification devices (RFID)
• Workplace Surveillance
• Video cameras, voice recording, key loggers,
  bugs, internet logs
• Pre-employment Enquiries
• Psychometric testing, job applications,
  references
• Regulatory Compliance
• Authenticity of Information

5
The Privacy Act 1993

• Pre-employment Enquiries
• Limited protection, very little discourse on what
  constitutes necessary and reasonable
• Low threshold which is not difficult for an
  organisation or employer to satisfy
• Video Surveillance
• The Privacy Act 1993 does not limit the use of
• Monitoring Email, Internet and Search Engines
• The Privacy Act 1993 has not been active in these
  situations
• No control
• Drug and Alcohol Testing
• The powers under the privacy legislation to limit
  such testing is dubious

6
Resolution of the Conflict

• Minimal intrusion

• More control of information

• Greater protection from misuse

7
What do Individuals Need to Protect their
Personal Information?

• Freedom from intrusion

• Freedom from unsolicited monitoring

• Control of personal information

• Protection from misuse

8
The Road Ahead
Maintain the Status Quo
Consider Alternative Approaches

• Recognise the threat posed by modern technology
• Reform the old Act 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

• Do nothing and face the consequences
• Rely on employment law to redress any imbalance
  in the workplace