#33 When the law is not enough
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This week, Arj and Jordan explore why privacy and data protection laws sometimes fall short of delivering the outcomes we need and desire - especially those crafted using a principle-based approach. The discussion follows another insightful paper by UNSW law academic Katherine Kemp on the continued practice of ‘data enrichment’, which Prof. Kemp argues is illegal. They also discuss the failed compliance of law enforcement agencies with laws that allow them to access private data. Links: Katherine Kemp paper "Australia’s Forgotten Privacy Principle" https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4224653 Katherine Kemp oped https://www.choice.com.au/consumers-and-data/protecting-your-data/data-laws-and-regulation/articles/why-we-need-to-enforce-laws-against-data-enrichment Australian Law Reform Commission report https://www.alrc.gov.au/publication/for-your-information-australian-privacy-law-and-practice-alrc-report-108/ Report on Commonwealth ombudsman review (Saturday Paper) https://www.thesaturdaypaper.com.au/news/politics/2022/09/17/pretty-creepy-agencies-illegally-obtained-emails-voicemails-and-texts#hrd Credits: Music by Bensound.com
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