NCJ Number
73823
Date Published
1980
Length
12 pages
Annotation
The Law Reform Committee of South Australia's report focusing on protection of an individual's privacy through establishment of adequate safeguards relating to confidential collected data is presented.
Abstract
Committe concerns center on the unwarranted invasion of privacy as the result of misuse or abuse of information respecting an individual which is collected, stored, or retrieved in an information system in which a computer or other data bank is normally involved. Present recommendations on data protection come primarily from a considered appraisal of the English position, with particular reference to the Lindop Committee report. The Lindop proposals, designated the Data Protection Act, specify that an independent statutory body to be called the Data Protection Authority be established to oversee users and accuracy, that data users shall be registered with the authority, and that the authority have investigative powers. The American model was considered by the committee as well, but it seems to be moving from a purely private enforcement model to a regulatory, publicly accountable model. The committee recommends the adoption of the Lindop report, subject to the committee's suggestions. The committee suggests that the Data Protection Authority should be able to impose legal sanctions where necessary. These could include the power to bring prosecutions against defaulting users for statutory and regulatory breaches, and the power to make a declaration of untruth or inaccuracy of data. Additional matters for consideration include a proper definition of 'individuals' (should groups and societies be included), the continuing need for the operation of the Fair Credit Reports Act, and the impact of the legislation on court records regarding judgment debtors. The report includes 25 references.