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13 - Privacy and data protection in cyberspace

Published online by Cambridge University Press:  05 June 2012

Alan Davidson
Affiliation:
University of Queensland
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Summary

‘Privacy’ has numerous meanings, and its importance varies greatly among individuals, communities, organisations and governments. It is an aspect of freedom and human rights. Civil libertarians may believe that our actions and behaviour should not be subject to public or governmental scrutiny; protectionists may accept such erosions for the greater good in the name of law and order. The development of technology, together with social, economic and political factors, has raised the antennas of those concerned with interference from governments, enterprises and others on personal freedoms.

Historically, governments seem to have pursued increasing and systemic invasions of privacy in the name of law and order, fighting crime and terrorism. However, their role is in fact to ensure and balance security issues and the proper protection of the privacy rights of the individual. In the 1990s the Clipper Chip was proposed by the US government, ostensibly for the purpose of allowing the government to override individual encryption to protect society from ‘gangsters, terrorists and drug users’. Such a process would have allowed the government to access and decipher all encrypted files. The proposal was unsuccessful. In Australia in 1984, an attempt to pass a Privacy Act failed because it set in place an anti-privacy provision: a central national identification card.

Search engines such as Google use sophisticated programs called spiders, robots and wanderers to trawl the internet gathering data on several billion websites, creating an index that handles several million enquiries per day.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2009

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References

,Australia Law Reform Commission (ALRC), ‘Review of Australian Privacy Law’, Discussion Paper 72, 2007.
Davidson, Alan, ‘Privacy in a brave new world: ALRC proposals for privacy and technology’, (2007) Privacy Law Bulletin 61.Google Scholar
Davidson, Alan, ‘Privacy reforms: Technological considerations in the age of the internet’, (2008) Internet Law Bulletin 21.Google Scholar
Davison, Mark, The legal protection of databases, Cambridge University Press, Cambridge, 2003.CrossRefGoogle Scholar
Nye, Sharon, ‘Internet privacy – Regulating cookies and web bugs’, (2002) PLPR 26.Google Scholar
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Kirby, Michael, ‘Privacy in cyberspace’, (1998) 21(2) UNSW LJGoogle Scholar
Gates, Bill, The Road Ahead, Penguin, London, 1996Google Scholar
Nye, Sharon, ‘Internet privacy – Regulating cookies and web bugs’, (2002) PLPR26Google Scholar
Averill, Morris, ‘The spiders stratagem on the Web: Hunting and collecting web users’, (2004) DTLJ1Google Scholar
Tsoi, Kaman, ‘Web bugs and internet advertising’, (2001) PLPR21Google Scholar
Davidson, Alan, ‘Privacy in a brave new world: ALRC proposals for privacy and technology’, (2007) Privacy Law Bulletin61Google Scholar
Davidson, Alan, ‘Privacy reforms: Technological considerations in the age of the internet’, (2008) Internet Law Bulletin21Google Scholar
Kirby, M, ‘International dimensions of cyberspace law: Protection of privacy and human rights in the digital age’, (1999) 30(2) Library Automated System Exchange, State Library of New South Wales, 12Google Scholar

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