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Prof John Burrows, inset, says the Privacy Act Review helps catch up with the internet. - Source: ONE News -
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Former lovers should have to think twice about posting compromising pictures of their ex online, the Law Commission says.
Recommendations around publishing offensive material online were
presented by the Law Commission yesterday after a
four-year review into privacy
laws.
The report includes more than 140 recommendations including closing
the legal loophole that allows jilted ex-lovers to post naked
photos of their former partners online, without their consent.
Other recommendations include allowing people to
block telemarketers; making agencies notify victims of a data
breach where personal information has been lost or stolen and
tightening up information sharing between government agencies
.
Law Commissioner, Professor John Burrows, says if you take
embarrassing domestic pictures of someone under the current law,
you can't be found guilty of a breach of privacy.
"You can sort of see the rationale for it, you don't want the Privacy Commissioner in your own home, regulating domestic affairs," he told TV ONE's Breakfast.
But Burrows said that when privacy legislation was passed 18 years ago, the possibilities of the internet and social media weren't yet foreseen.
He said there are now cases where people put offensive and humiliating material, like nude photographs, online when it's clearly no longer just of domestic relevance.
"If it's private material used in a really offensive way, then something really ought to be done."
However even under the proposed changes, Burrows says damage to people's privacy may only be limited,not stopped.
"And since a lot of the stuff comes from overseas anyway, there are limits to what you can do," he said.
He says even if damage can be limited in some way, then "that's a pretty good start".
Privacy Commissioner Marie Shroff has highlighted the issue as one of three urgent priorities for action.
Business implications
Lawyer Mai Chen from Public and Employment law specialists Chen Palmer told TV ONE's AMP Business that the report is significant for New Zealand businesses.
"The world has changed in the past 10 years. We live in a technical revolution, it's unexpected and it's moving very fast."
She said businesses need a whole new set of legislation to counter the opportunities to invade people's privacy.
"There's been an explosion in ways people can be spied upon, where information can be intercepted," she said.
Chen says businesses also need to be more responsible for their actions.
"If there are now more technical ways in which people's privacy can be breached, if you're running a good business, they expect you to be responsible and to protect their privacy.
"If you don't, the Privacy Commissioner is now recommended to be given much greater power to intervene and to make you comply."
She said it is good news to see recommendations for a more streamlined process for dealing with privacy complaints.
"At the moment it's a really long process with a lot of mediation involved," she said.
She said people who believe their privacy has been breached will want it rectified quickly and the report's recommendations should allow this.
Chen says given the public's clear voice that they feel uncomfortable with privacy breaches, businesses need to listen.
"If you are a responsible business you have nothing to fear," she said.
Minister of Justice Simon Power presented the report yesterday and any proposed legislative changes will be heard through a select committee process.
What do you think of the Law Commission's recommendations? Do they go far enough? Have your say on our messageboard below.
Add a Comment:
Post new commentKiwiann said on 2011-11-30 @ 14:37 NZDT: Report abusive post
What I believe we should do is to create a compulsory "do not call" list. If we ban calls into homes at night, all that will happen is that the contract will be given to an offshore company and the calls will continue. That would lose many New Zealand jobs to places like The Phillipines and India and that we cannot afford.
The Dude said on 2011-08-03 @ 13:07 NZDT: Report abusive post
What do you think of the Law Commission's recommendations? Do they go far enough? Have your say on our messageboard below. - Do they go far enough? What are you TVNZ a tool for propoganda and control. Shame on you. THEY GO TOO FAR!!!!!! These rules and laws are as always an invasion of privacy - a way to spy and track people online. TVNZ you are scum.
thekiwi said on 2011-08-03 @ 08:41 NZDT: Report abusive post
Not sure about the posting of images according to copyright law if I take a photo on my digital camera it is usually taken with consent of the other person,unless in a public place, I own the rights to that image, so are you going to change the copyright and ownerships laws to make this happen. Again this will come down to a rights issue and will end up clogging the courts even more.
thekiwi said on 2011-08-03 @ 08:40 NZDT: Report abusive post
Not sure about the posting of images according to copyright law if I take a photo on my digital camera it is usually taken with consent of the other person,unless in a public place, I own the rights to that image, so are you going to change the copyright and ownerships laws to make this happen. Again this will come down to a rights issue and will end up clogging the courts even more.
d3m said on 2011-08-03 @ 08:16 NZDT: Report abusive post
I love this comment "But Burrows said that when privacy legislation was passed 18 years ago, the possibilities of the internet and social media weren't yet foreseen." What a load of rubbish.When I was at school in 1990-1991 etc in Adelaide , we had the internet at our school , people were doing this stuff already.The were doing postings of pics and info even before this with the old Telefinder and First Class BBS systems as well.The media seems to forget what was actually occurring.