MALCOLM CROMPTONFEDERAL PRIVACY COMMISSIONER

Building Trust in the Online Environment: Business to Consumer Dispute Resolution

The Hague

11-12 December 2000

HCPIL

The purpose of the Office of the Federal Privacy Commissioner

An Australian culture that respects privacy

Sectoral

codes

Code Complaint

Body

Default legislation based on the NPPs

Sectoral

codes

Code Complaint

Body Privacy Commissioner

handling complaints

Sectoral

codes

OR

Australia’s proposed framework: a “light-touch” approach

Roles

• Government

– Sets the framework & Benchmarks

• Regulator (Privacy Commissioner)

– Implements & enforces

The Challenge• The Law cannot keep up

– “the law moves 30 x slower than the Net”

– Net = many small players with potential large impact (in addition to the large players with large impact!)

• Search for market based solutions

– Law seen as stifling innovation

• Australia a large global player

– 3% of global stock market capitalisation

– ~50% Australian Christmas 1999 online purchases were from offshore Web sites (AFR, 29 Dec 1999)

The Implications

• Privacy Commissioners also need to work globally Need to encourage Privacy Commissioners to

work together Need to learn how to do it

• Different role & different tools – no direct backing in law Be heard Consumer education Cooperation – work with Seals

Hence the Seals project• Pilot – 3 leading Seals

– 2 Commissioners’ Offices working together, Ontario & Australia

– Other Commissioners as mentors

• Begin at beginning

– Develop methodology

• Principles – OECD

• Dispute resolution – Australian Benchmarks

• Compliance

Any lessons ?• Privacy Commissioners need to re-

think their roles

• Online world delivers much less command & control

– Cooperation, partners, create demand

– “Move at internet speed”

– Strategic

– Nike?