The role of information commissioner differs from nation to nation. Most commonly it is a title given to a government regulator in the fields of freedom of information and the protection of personal data in the widest sense. The office often functions as a specialist ombudsman service.
The Data Protection Act 1998 was an Act of Parliament of the United Kingdom designed to protect personal data stored on computers or in an organised paper filing system. It enacted provisions from the European Union (EU) Data Protection Directive 1995 on the protection, processing, and movement of data.
The Personal Information Protection and Electronic Documents Act is a Canadian law relating to data privacy. It governs how private sector organizations collect, use and disclose personal information in the course of commercial business. In addition, the Act contains various provisions to facilitate the use of electronic documents. PIPEDA became law on 13 April 2000 to promote consumer trust in electronic commerce. The act was also intended to reassure the European Union that the Canadian privacy law was adequate to protect the personal information of European citizens. In accordance with section 29 of PIPEDA, Part I of the Act must be reviewed by Parliament every five years. The first Parliamentary review occurred in 2007.
The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but operating independently of, the Australian Government. It is responsible for investigating alleged infringements of Australia's anti-discrimination legislation in relation to federal agencies.
A privacy policy is a statement or legal document that discloses some or all of the ways a party gathers, uses, discloses, and manages a customer or client's data. Personal information can be anything that can be used to identify an individual, not limited to the person's name, address, date of birth, marital status, contact information, ID issue, and expiry date, financial records, credit information, medical history, where one travels, and intentions to acquire goods and services. In the case of a business, it is often a statement that declares a party's policy on how it collects, stores, and releases personal information it collects. It informs the client what specific information is collected, and whether it is kept confidential, shared with partners, or sold to other firms or enterprises. Privacy policies typically represent a broader, more generalized treatment, as opposed to data use statements, which tend to be more detailed and specific.
Information privacy, data privacy or data protection laws provide a legal framework on how to obtain, use and store data of natural persons. The various laws around the world describe the rights of natural persons to control who is using its data. This includes usually the right to get details on which data is stored, for what purpose and to request the deletion in case the purpose is not given anymore.
The International Safe Harbor Privacy Principles or Safe Harbour Privacy Principles were principles developed between 1998 and 2000 in order to prevent private organizations within the European Union or United States which store customer data from accidentally disclosing or losing personal information. They were overturned on October 6, 2015 by the European Court of Justice (ECJ), which enabled some US companies to comply with privacy laws protecting European Union and Swiss citizens. US companies storing customer data could self-certify that they adhered to 7 principles, to comply with the EU Data Protection Directive and with Swiss requirements. The US Department of Commerce developed privacy frameworks in conjunction with both the European Union and the Federal Data Protection and Information Commissioner of Switzerland.
The Privacy Act is the federal information-privacy legislation of Canada that came into effect on July 1, 1983. Administered by the Privacy Commissioner of Canada, the Act sets out rules for how institutions of the Government of Canada collect, use, disclose, retain, and dispose of personal information of individuals.
The Access to Information Act or Information Act is a Canadian Act providing the right of access to information under the control of a federal government institution. As of 2020, the Act allowed "people who pay $5 to request an array of federal files". Paragraph 2. (1) of the Act ("Purpose") declares that government information should be available to the public, but with necessary exceptions to the right of access that should be limited and specific, and that decisions on the disclosure of government information should be reviewed independently of government. Later paragraphs assign responsibility for this review to an Information Commissioner, who reports directly to parliament rather than the government in power. However, the Act provides the commissioner the power only to recommend rather than compel the release of requested information that the commissioner judges to be not subject to any exception specified in the Act.
Privacy law is the body of law that deals with the regulating, storing, and using of personally identifiable information, personal healthcare information, and financial information of individuals, which can be collected by governments, public or private organisations, or other individuals. It also applies in the commercial sector to things like trade secrets and the liability that directors, officers, and employees have when handing sensitive information.
The Information and Privacy Commissioner of Ontario was established as an officer of the Legislature by Ontario's Freedom of Information and Protection of Privacy Act, which came into effect on January 1, 1988. The current commissioner is Patricia Kosseim.
Campbell v Mirror Group Newspapers Ltd[2004] UKHL 22 was a House of Lords decision regarding human rights and privacy in English law.
Canadian privacy law is derived from the common law, statutes of the Parliament of Canada and the various provincial legislatures, and the Canadian Charter of Rights and Freedoms. Perhaps ironically, Canada's legal conceptualization of privacy, along with most modern legal Western conceptions of privacy, can be traced back to Warren and Brandeis’s "The Right to Privacy" published in the Harvard Law Review in 1890, Holvast states "Almost all authors on privacy start the discussion with the famous article 'The Right to Privacy' of Samuel Warren and Louis Brandeis".
Privacy in English law is a rapidly developing area of English law that considers situations where individuals have a legal right to informational privacy - the protection of personal or private information from misuse or unauthorised disclosure. Privacy law is distinct from those laws such as trespass or assault that are designed to protect physical privacy. Such laws are generally considered as part of criminal law or the law of tort. Historically, English common law has recognised no general right or tort of privacy, and was offered only limited protection through the doctrine of breach of confidence and a "piecemeal" collection of related legislation on topics like harassment and data protection. The introduction of the Human Rights Act 1998 incorporated into English law the European Convention on Human Rights. Article 8.1 of the ECHR provided an explicit right to respect for a private life. The Convention also requires the judiciary to "have regard" to the Convention in developing the common law.
There is no absolute right to privacy in Australian law and there is no clearly recognised tort of invasion of privacy or similar remedy available to people who feel their privacy has been violated. Privacy is, however, affected and protected in limited ways by common law in Australia and a range of federal, state and territorial laws, as well as administrative arrangements.
New Zealand is committed to the Universal Declaration of Human Rights and has ratified the International Covenant on Civil and Political Rights, both of which contain a right to privacy. Privacy law in New Zealand is dealt with by statute and the common law. The Privacy Act 2020 addresses the collection, storage and handling of information. A general right to privacy has otherwise been created in the tort of privacy. Such a right was recognised in Hosking v Runting [2003] 3 NZLR 385, a case that dealt with publication of private facts. In the subsequent case C v Holland [2012] NZHC 2155 the Court recognised a right to privacy in the sense of seclusion or a right to be free from unwanted intrusion. For a useful summary see: court-recognises-intrusion-on-seclusion-privacy-tort-hugh-tomlinson-qc/
The Office of the Australian Information Commissioner (OAIC), known until 2010 as the Office of the Australian Privacy Commissioner is an independent Australian Government agency, acting as the national data protection authority for Australia, established under the Australian Information Commissioner Act 2010, headed by the Australian Information Commissioner.
The Office of the Privacy Commissioner administers the Privacy Act 2020. The Privacy Commissioner is entrusted to protect personal information of New Zealanders in accordance with the Privacy Act. Starting on 5 July 2022, the next privacy commissioner will be Michael Webster.
The National Privacy Commission, or NPC, is an independent body created under Republic Act No. 10173 or the Data Privacy Act of 2012, mandated to administer and implement the provisions of the Act, and to monitor and ensure compliance of the country with international standards set for data protection. It is attached to the Philippines' Department of Information and Communications Technology (DICT) for purposes of policy coordination, but remains independent in the performance of its functions. The Commission safeguards the fundamental human right of every individual to privacy, particularly Information privacy while ensuring the free flow of information for innovation, growth, and national development.
Durant v Financial Services Authority[2003] EWCA Civ 1746 is a judicial decision of the English Court of Appeal in relation to the provisions of the Data Protection Act 1998. The case is one of the leading appellate decisions in relation to the application of that Act.
