The conceptual basis of personal information in Australian privacy law

Burdon, Mark and Telford, Paul (2010) The conceptual basis of personal information in Australian privacy law. eLaw Journal, 17 1: 1-27.

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Name Description MIMEType Size Downloads
Author Burdon, Mark
Telford, Paul
Title The conceptual basis of personal information in Australian privacy law
Journal name eLaw Journal   Check publisher's open access policy
ISSN 1321-8247
Publication date 2010
Sub-type Article (original research)
Volume 17
Issue 1
Start page 1
End page 27
Total pages 27
Place of publication Murdoch, W.A., Australia
Publisher Murdoch University, School of Law
Collection year 2011
Abstract Australian privacy law regulates how government agencies and private sector organisations collect, store and use personal information. A coherent conceptual basis of personal information is an integral requirement of information privacy law as it determines what information is regulated. A 2004 report conducted on behalf of the UK’s Information Commissioner (the ‘Booth Report’) concluded that there was no coherent definition of personal information currently in operation because different data protection authorities throughout the world conceived the concept of personal information in different ways. The authors adopt the models developed by the Booth Report to examine the conceptual basis of statutory definitions of personal information in Australian privacy laws. Research findings indicate that the definition of personal information is not construed uniformly in Australian privacy laws and that different definitions rely upon different classifications of personal information. A similar situation is evident in a review of relevant case law. Despite this, the authors conclude the article by asserting that a greater jurisprudential discourse is required based on a coherent conceptual framework to ensure the consistent development of Australian privacy law.
Keyword Privacy law
Personal information
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status Non-UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Non HERDC
TC Beirne School of Law Publications
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Created: Sat, 26 Mar 2011, 20:11:34 EST by Ms Barbara Thorsen on behalf of T.C. Beirne School of Law