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The following news feed provides an overview of the current activities and news from APPA members.

The articles on this page are updated regularly from members’ news and media pages. If you have any questions or concerns about the content contained in the articles, please contact the respective member. You can locate members’ details underneath each article or on our Contact us page.

FTC Imposes Conditions on Acquisition of Industrial Valve Manufacturer Pentair plc by Emerson Electric Co.

Divestiture will preserve competition in U.S. market for industrial switchboxes

Industrial valve manufacturer Emerson Electric Co. has agreed to sell the switchbox business of Pentair plc to Stamford, Conn.-based Crane Co. in order to settle Federal Trade Commission charges that Emerson’s proposed $3.15 billion acquisition of Pentair would violate federal antitrust law.

Emerson and Pentair are manufacturers of industrial valves and control products, including switchboxes, which are widely used in the oil and gas, chemical, petrochemical, power, and other industries. Switchboxes are devices used to monitor and control valves that regulate the flow of liquids and gases in industrial facilities.

According to the complaint, the acquisition would combine the two leading manufacturers of switchboxes in the United States – which together control about 60 percent of the U.S. market. These market share numbers may underestimate the likelihood of anticompetitive effects to switchbox customers that would otherwise result from this transaction. Switchboxes perform a critical safety function, so brand reputation and product reliability are very important to customers. Emerson’s TopWorx and Pentair’s Westlock switchboxes are the most widely-used brands nationwide and, for many customers, the only acceptable brands of switchboxes.

Because of the time and investment required to develop switchboxes along with the time required to build a sufficient reputation with customers for quality and reliability, current and future competitors in the switchbox market are unlikely to restore the loss of competition caused by the acquisition, the complaint alleges.

Under the terms of the consent agreement, within 10 days after Emerson acquires Pentair, Emerson must divest Westlock Controls Corporation, the Pentair subsidiary that designs, manufactures, and sells switchboxes, to Crane Co. The order requires Emerson to provide Crane all of Westlock’s production facilities, intellectual property, confidential business information, and the opportunity to hire Westlock employees.

As a diversified designer and manufacturer of highly engineered industrial products, Crane has the financial strength and industry expertise and experience to acquire Westlock, and Crane is not currently a competitor in the U.S. switchbox market, according to the FTC.

Further details about the consent agreement – which includes an asset maintenance order and allows the Commission to appoint a monitor trustee – are set forth in the analysis to aid public comment for this matter.

The Commission vote to issue the complaint and accept the proposed consent order for public comment was 2-0. The FTC will publish the consent agreement package in the Federal Register shortly. The agreement will be subject to public comment for 30 days, beginning today and continuing through May 30, 2017, after which the Commission will decide whether to make the proposed consent order final. Comments can be filed electronically or in paper form by following the instructions in the “Supplementary Information” section of the Federal Register notice.

NOTE: The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $40,654.

The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about how competition benefits consumers or file an antitrust complaint. Like the FTC on Facebook, follow us on Twitter, read our blogs and subscribe to press releases for the latest FTC news and resources.

Federal Trade Commission, United States
Source: Press Release Feed
28 Apr 2017, 10:00pm AEST

Celebrating Privacy Awareness Week 2017 in Singapore

The PDPC is participating in the global initiative by Asia Pacific Privacy Authorities and the Privacy Awareness Week (PAW) will be held in Singapore from 29 Apr - 5 May 2017.

The theme this year is "Share with Care" and the PDPC has arranged for a suite of activities to engage the public and organisations alike.

Please download the media document here:

Personal Data Protection Commission, Singapore
Source: Personal Data Protection Commission Singapore - Press Room
28 Apr 2017, 5:32pm AEST

FTC Approves Sycamore Partners II, L.P. Application to Sell 323 Family Dollar Stores to Dollar General

Following a 15-day public comment period, the Federal Trade Commission has approved an application from Sycamore Partners II, L.P. to sell to Dollar General Corporation the assets it acquired under a 2015 FTC settlement.

To resolve concerns that Dollar Tree, Inc.’s acquisition of Family Dollar Stores, Inc. would be anticompetitive, the Commission required Dollar Tree to divest 330 Family Dollar stores.  Dollar Tree selected Sycamore as the buyer, which the Commission approved. Dollar Express LLC, the company Sycamore formed to operate the divested stores, has entered into an agreement to sell the 323 Family Dollar stores it currently operates to Dollar General, subject to FTC approval. As part of the 2015 settlement, the Commission required Sycamore to obtain FTC approval if it chose to sell all or almost all the assets it acquired within three years of the acquisition.

Sycamore requested a shortening of the FTC 30-day public comment period on its sale of Dollar Express assets to Dollar General to allow Dollar Express to fulfill the majority of its commitments, including those made to approximately, 3,000 employees. Sycamore stated in its application that Dollar Express LLC, “can no longer operate as a viable standalone business,” due to changes in competitive conditions since the purchase.

The Commission vote approving the application and responses to commenters was 2-0. (FTC File No. 141 0207; the staff contact is Dan Ducore, Bureau of Competition, 202-326-2526.)

The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about how competition benefits consumers or file an antitrust complaint. Like the FTC on Facebook, follow us on Twitter, read our blogs and subscribe to press releases for the latest FTC news and resources.

Federal Trade Commission, United States
Source: Press Release Feed
27 Apr 2017, 10:00pm AEST

Commissioner's US diary - part four

The International Working Group on Data Protection in Telecommunications is a bit of a mouthful, so it is shortened to “The Berlin Group,” referring to the Berlin Data Protection Office, which initiated the working group in 1983, and has provided its secretariat ever since.

It meets twice a year, once in Berlin, and once away, and this spring’s “away” meeting happened to coincide with the Global Privacy Summit.

The meeting begins with a round of “country reports”:

  • Korea reported that its courts had recognised individuals’ rights of access to personal information about them held by Google
  • The US reported that Vizio had settled a complaint that its TVs were collecting information about viewing habits.
  • Israel noted that its data breach notification law requires victims of breaches to notify the data protection authority which then determines whether the affected individuals should be notified  (a model New Zealand could look at).
  • Italy has been working with telecommunications providers to develop a system to get in touch with people during earthquakes (also lessons for New Zealand here).
  • Hungary reported that its data protection authority had been asked by the security services to audit its information systems.
  • The United Kingdom is considering the role Cambridge Analytica  played in influencing political engagement in the UK during the Brexit vote.

It is a genuine working group. Somehow 32 delegates from 20 data protection authorities, together with selected experts and advocates manage to work through quite complex papers to reach agreed positions on emerging privacy issues that connect with telecommunications. At this session we discussed papers on:

  • Privacy on e-learning platforms
  • Privacy issues in ICANN’s “new generation Registration Directory Service” (RDS)
  • Common position on governmental data requests for information held outside US territory
  • Firmware updates for IoT devices
  • Connected cars
  • Smart infrastructure/ cities
  • Smart TVs and privacy
  • Cyber bullying

New Zealand proposed a paper: “Towards International Principles or Instruments to Govern Intelligence Gathering”.  After input from Canada and Berlin, it was accepted at the same meeting it was proposed (reportedly only the second time in the last 10 years that a paper has done so, the other being New Zealand’s paper on Transparency Reporting in 2014). I’ll post about our paper, what it means, and what comes next, later.

Apple and differential privacy

Tuesday’s half day session began with a presentation from Apple on its “differential privacy” a mathematically and conceptually challenging system it has for getting the value of user data, without compromising privacy.

Did you ever wonder how your iPhone knew what emoji to suggest when you typed in that you were “pumped” about something? Me neither – I just made that up, but it is the kind of thing that might happen.

Your phone will contribute data to Apple’s analytics to improve predictive text, emoji recommendations or a range of other applications in ways which gives Apple very good information about trends (suddenly everyone is pumped, and using a fist emoji, for example) without collecting a creepy history of all your texts. It’s complicated. There is a differential privacy engine in your phone, which is the first filter. It’s only going to send information about a couple of autocorrects, or emojis each day. Those are hashed and randomized so that only really significant aggregate trends appear in Apple’s analytics – all the rest just drop off, or are seen as effectively statistical static.   And Epsilon had a lot to do with it. (OK - I didn’t really understand).

Department of Homeland Security

Our meeting concluded at 1pm, and at 2pm I met with the Privacy Officer, and Director of International Privacy Policy of the Department of Homeland Security.

I was interested in understanding the effect of President Trump’s Executive Order purporting to reverse privacy protections extended to non-US citizens and residents over many years. Section 14 of this executive order says

Sec. 14.  Privacy Act.  Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information.  

Others had told me over the last week that the drafting leaves ambiguities which are difficult to interpret, but that the practical effect of the order might not be that significant for New Zealand travellers. Others had noted that as a matter of law, a discretion that exists in a statute could not be overridden by an Executive Order and, as such, section 14 might not be enforceable.

My contacts at DHS were, as you would expect, professional, neutral and circumspect. They did note that it would be open to New Zealand to seek inclusion in the Judicial Redress Act, which is the basis under which Europeans continue to enjoy the benefits of access to remedies, including Privacy Act protections. That is something worth pursuing, and which I will look into when I get back.

The other question I had was, do New Zealanders have to give over social media account details, and passwords, when they enter the States, as some have reported? Once again – this seems to have been the topic of some panic and misreporting, since the idea was first floated by the Secretary of Homeland Security at a House Homeland Security Committee hearing on February 7, 2017.

The answer is (at this stage) “No”. Social media account information is sought on an “optional” basis on visa forms, but is not required. There is no policy requiring social media account details, or passwords, and as part of the process of assessing any such proposal the DHS would undertake a full privacy impact assessment, like this one.

All options would be on the table were such a policy to be considered. The Secretary’s comments were prompted by concerns that border officials might not have an equal quality of information about citizens from all countries. 

The policy to require further information as a condition of entry might only apply to those countries for which the US authorities do not have good arrangements in place already, or could involve exempting “visa exempt” countries from any such requirement, which would include New Zealand.  At this stage, there seems to be no basis for New Zealanders to delete their accounts, or be overly concerned about border officials asking to review social media history.

That being said, if you have any problems at the border, and feel aggrieved by being delayed or subjected to extra screening, you are entitled to file a complaint or enquiry via the DHS TRIP Programme.

It’s been a packed and intense schedule, and I’m looking forward to heading home tomorrow. See you next week!

Image credit: Tara Siuk via Flickr

Office of the Privacy Commissioner, New Zealand
Source: Blog
27 Apr 2017, 8:17am AEST

Acting Chairman Ohlhausen Welcomes FCC Action as Important Step to Restore FTC Consumer Protections

Acting Federal Trade Commission Chairman Maureen K. Ohlhausen issued the following statement on Federal Communications Commission Chairman Ajit Pai’s announcement of a process to reverse the FCC’s 2015 decision to treat broadband Internet access service as a Title II common carrier service:

“I welcome Chairman Pai’s announcement as an important step toward restoring the FTC’s ability to protect broadband subscribers from unfair and deceptive practices, including violations of their privacy. Those consumer protections were an unfortunate casualty of the FCC’s 2015 decision to subject broadband to utility-style regulation. I look forward to working with Chairman Pai and other stakeholders to return to broadband subscribers the consumer protections they deserve.”

The FTC is the nation’s primary consumer protection agency and the most active consumer privacy and data security enforcer in the world. The FTC has brought more than 150 privacy and data security-related cases against companies across the economy, including cases against many of the largest Internet companies.

The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook, follow us on Twitter, read our blogs and subscribe to press releases for the latest FTC news and resources.

Federal Trade Commission, United States
Source: Press Release Feed
26 Apr 2017, 10:00pm AEST

Commissioner's US diary - part three

The IAPP Global Privacy Summit I posted about last week wrapped up on Thursday. Here are a few highlights from the day:

How Blockchain Will Revolutionise Privacy

One of the most fascinating sessions was a primer on Blockchain technology, and its potential to further privacy goals. Blockchain is the technology that underpins online currencies such as bitcoin.

If it was easy to understand it would probably not be being described with such excitement about its potential for the future. I came away from the session understanding that blockchain is like a reliable, secure and authenticated “ledger” of transactions, maintained in multiple locations at once, and updated instantaneously across the network, so that each version of the chain remains identical in realtime. Techheads, please feel free to pile into the comments to point out the shortcomings in this simplification.

Like many new technologies, blockchain enthusiasts believe it will change the world. One skeptic told me “they’ll tell you blockchain will have your baby”. The presenters of “How Blockchain Will Revolutionise Privacy” were certainly informed, and enthusiastic. They were also alive to the possibilities for blockchain to promote privacy.

Blockchain technology will allow individuals to control their own data in unprecedented ways and determine not only who gets to use that data, but also how much and for what purpose. The days of companies monetizing personal data without consent could draw to a close, existing concepts of transborder data flow could disappear, and government access to personal information could be redefined. Further, transactions could be fully and securely verified without knowing the identity of the user.

Clearly we are at the beginning of understanding the range of applications, many of which will be privacy positive.  Blockchain can give users confidence that they are dealing with an authenticated individual. Some countries are looking at the potential for providing certainty in real estate transactions, with the blockchain recording the chain of title and associated interests in land.

Less thought seems to have been given to the privacy risks. The technology depends on a full record being maintained in multiple sites, and on the permanence of the record. The presenters were not able to adequately  reassure the over-capacity audience that blockchain could accommodate individuals’ rights to have data deleted, or that the distributed nature of the data chains would not increase access, and decrease individuals’ control over their data in some applications.

As with many new technologies, techniques, and ideas, it is a privacy commissioner’s job to take a precautionary approach, and to ensure proselytisers for the Next Big Thing take a breath, check their confidence in their product, and fully understand and address the risks without glossing over them in their enthusiasm.

To close the conference we heard from two inspiring speakers whose advocacy for their subjects had broken into the mainstream media, no small feat in the US.

Rabia Chaudry – Adnan’s Story

Rabia Chaudry, had a personal connection to the Baltimore murder of Hae Min Lee. Adnan Syed, the victim’s former boyfriend, who was convicted of her murder, was a family friend.

It is a story which can be told from many perspectives. There is the timelessness of the “love across the tracks” dimension of a Korean woman and Muslim man, and a relationship supported by neither family. There are allegations of racism , islamophobia and ethnic bias, of Police predetermination. There is the unprecedented success and popularity of the podcast which took up the case, Serial, which ushered in a new way of telling such stories, and a new audience. The podcast was downloaded 80 million times.

Any one of these angles make for a captivating presentation. Happily for our conference, the case also involves a privacy “hook”. A significant piece of evidence contributing to Adnan’s conviction were cellphone records including a cell tower “ping” putting the defendant broadly in the area where the body was discovered. At the time of the trial the probative value of such evidence was overstated. Re-analysis a decade later showed it shouldn’t have been relied on at all. You can read more in this book.

Rebecca Skloot – The Immortal Life of Henrietta Lacks

Did IAPP know that Rebecca Skloot’s presentation would come just 48 hours before the release of the Oprah Winfrey movie based on her book? Probably not, but it was another happy coincidence, to see our speaker promoted in subways, and on buses across America.

Henrietta Lacks was a poor African-American woman who in the 1950’s unknowingly donated a cell line to research which has lead to a raft of scientific research, enquiry and discovery.

Her aggressive cervical cancer cell was found to multiply rapidly, outside the body, meaning that even though she passed away more than 60 years ago, her genetic material would continue to replicate, and continues to this day to be sent around the world. She has attained an immortality of sorts, with her biomass since the first culture exceeding 50 million tonnes in hundreds of labs.

The failure to obtain any consent, let alone informed consent, echoes New Zealand’s own Unfortunate Experiment, 30 years later. The extent to which the family was left in the dark was illustrated by Henrietta’s widow’s confusion when belatedly approached by researchers in the 1970’s to obtain some form of consent. Knowing nothing of genetics or biology, but hearing an excited, thickly-accented  researcher speak of Henrietta’s cell, the husband assumed he was being told that his wife had been alive these past 25 years, and was being kept in a cell at Johns Hopkins Hospital in Baltimore.

Skloot won the trust and confidence of the family, and in 2013 was the person who informed them that their mother’s sequenced genome had been published. She also brokered a deal with the National Institutes of Health for restraint, and family involvement in the use of the HeLa cell line.

The family is proud of the contribution their mother and grandmother’s tissue has made to world health. It has helped to eliminate polio, develop the HPV vaccine, sequence the genome, and countless other therapies and research discoveries. But they want, and are entitled to some respect for their privacy, and for the integrity and dignity of their mother’s unwitting gift.

Raising the Floor

Capitalising on the presence in Washington of a large number of privacy experts in town at one time, an organisation I’d never heard of, Raising The Floor set up a meeting to test out its idea of establishing a Data Ethics Council to take control of the data generated as part of its activities.

What activities? Raising the Floor is an ambitious project aimed at improving accessibility to online devices. One of the problems people with disabilities have is that every time they encounter a new machine, be it a screen to order food or buy a parking ticket, to a monitor in a public library, or simply a new device, they need to figure out how to activate the accessibility features that best meet their needs. That might be larger fonts, better contrast, audio options, or others. But if you can’t use the machine in the first place, how do you find those? The solution Raising the floor has proposed is a cloud based storage system for your accessibility features. You would use a token or USB drive wave that at, or plug it in to the new machine, which would communicate with the cloud server, which would in turn identify the machine you are wanting to use, and identify and activate your accessibility preferences.

This could clearly generate a lot of data about those users that could be used for good or ill. What to do? Raising the Floor wants to hand over control of that data to an expert ethics  panel, and we were there to advise on how that might work, and what issues it would have to take into account.

Image credit: BTC Keychain via Flickr

Office of the Privacy Commissioner, New Zealand
Source: Blog
26 Apr 2017, 2:54pm AEST

Commissioner’s US diary - part two

This year’s opening keynote speeches on day two of the International Association of Privacy Professionals Global Privacy Summit in Washington DC were by Tristan Harris and JD Vance.

Mr Harris is the author of How Technology is Hijacking Your Mind - from a Magician and Google Design Ethicist and the founder of Time Well Spent - and Mr Vance is the author of Hillbilly Elegy which became a best seller on the back of last year’s American presidential election outcome.

Mr Harris spoke of the competition for our attention which thousands of engineers are working tirelessly to capture and hold on their web sites and apps. “You like outrage? Here, have a video of a United passenger being dragged off a plane, then we’ll auto-play the new Pepsi ad for you.”

These technologies are designed to interact directly with our cerebral cortex and cut out any volition to interrupt, while redirecting and holding us to their content. Every time we are interrupted by a text, Snapchat, Facebook or Twitter alert, it takes us 23 minutes to regain the attention we were paying to our work or non-tech activity.

Happily, according to Mr Harris, it doesn’t have to be that way but we have to care, and want to develop and use the technologies, techniques and behaviours necessary to reclaim control over our attention.

Sometimes described as a “Trump Whisperer”, JD Vance was annoyingly insistent on referring to that vague and ill-defined bogey of the rust belt, “the elites”, of which we in the audience were evidently members.

Privacy means something to those good, honest, downtrodden folks, it’s just that it means something a bit different from what it means to us elites. This was, of course, complete nonsense. The examples Mr Vance gave - the mistrust of the long and complicated forms by which banks collected personal information and the sense of wonder and creepiness at the algorithmic delivery of targeted ads - equally underlie the suspicion and discomfort many in the so-called elites have for the digital world. This is by no means the exclusive domain of six-fingered, duelling banjo-playing, Appalachian hillbillies (if you want to get down to stereotypes and name calling).

11am–12pm - A Bridge to Europe: Ireland’s Growing Role in the Transatlantic Economy

After the plenaries, participants can choose from a dazzling variety of topics and sessions. I was very interested to see a conversation with Dara Murphy, the Irish Minister for Data Protection (one of only two such Ministers in the European Union).

Ireland takes a whole of government approach to data issues. Famously welcoming to data driven enterprises such as Facebook which has its European headquarters there, the policy has spawned a local indigenous economy of digital innovation.

The Irish government recognises the importance of a properly regulated data environment in order to support data innovation and enterprise. But the government’s support has been more than just talk. Mr Murphy spoke very supportively of Ireland’s Data Protection Commissioner, Helen Dixon, and funding for the Commissioner’s office has quadrupled over the last few years.

4.30pm - Whose Eye is on the Five Eyes?

Later in the afternoon, I was joined on a panel by US Privacy and Civil Liberties Oversight Board member Elisebeth Collins, the Canadian Privacy Commissioner Daniel Therrien, and the Head of International Strategy and Intelligence at the UK Information Commissioner’s Office, Steve Wood. The discussion topic, moderated by Bird & Bird associate, Gabe Maldoff, was “Whose Eye is on the Five Eyes: An Intro to International Intelligence Oversight Bodies”.

There have been law changes in all Five Eyes jurisdictions in recent years, and these were compared and contrasted. Despite recent improvements in the legal framework for, and transparency of the intelligence alliance, there remains suspicion about what information is shared, and how it is used.

6pm – ICDPPC executive committee meeting

The executive committee of the International Conference of Data Protection and Privacy Commissioners tries to meet in person a couple of times a year, and as most members were present in Washington, we were able to convene to discuss progress towards the Hong Kong conference in September and other business.

Image credit: The Lincoln Memorial, Washington, by Gary Skidmore.

 

Office of the Privacy Commissioner, New Zealand
Source: Blog
21 Apr 2017, 12:26pm AEST

Parents encouraged to #talkb4sharing

By: Julie Inman Grant, Children’s eSafety Commissioner

Like a lot of mums, I was excited about my children entering primary school this year. As with many parents, my first inclination will be to take a photo of them in their school uniforms, and to share this milestone with family and friends through social media. If you’re like me, with family overseas or far away, social media becomes the ‘global photo album for remote relatives.’

Office of the Australian Information Commissioner
Source: News - OAIC
29 Mar 2017, 11:39pm AEDT

Data + Privacy Asia Pacific Conference 2017

You can now register for the Data + Privacy Asia Pacific conference held in Sydney on 12 July — an event which will set the agenda on the latest privacy and data protection trends, and deliver insights into upcoming regulation and policy developments.

Office of the Australian Information Commissioner
Source: News - OAIC
8 Mar 2017, 4:00am AEDT

Commissioner to audit ICBC information sharing agreements

Acting Information and Privacy Commissioner Drew McArthur has determined that the office will audit information sharing agreements of the Insurance Corporation of British Columbia (ICBC).

Office of the Information and Privacy Commissioner, British Columbia
Source: OIPC News and Events
24 Feb 2017, 7:00am AEDT

Swiping right and privacy rights

Dating apps are all about getting personal.

But they can also share a lot of your personal information, and not just with your hook ups.

So before sending your smoothest icebreaker, check how you can protect your personal information when sharing your dating profile.

Office of the Australian Information Commissioner
Source: News - OAIC
13 Feb 2017, 11:04pm AEDT

Privacy and Security in Health Care

Presentation delivered via Skype

Office of the Information and Privacy Commissioner, British Columbia
Source: OIPC News and Events
10 Feb 2017, 7:00am AEDT

From Regulated to Regulator: Two Perspectives on Privacy

Keynote address at 2017 Reboot conference.

Office of the Information and Privacy Commissioner, British Columbia
Source: OIPC News and Events
10 Feb 2017, 7:00am AEDT

Good Data Protection Policies Enhance Trust in HR Consultancy

Personal Data Protection Commission, Singapore
Source: Personal Data Protection Commission Singapore - Press Room
7 Dec 2016, 1:00pm AEDT

Data Protection by Design Cornerstone of Market Research Firm's PDPA Compliance

Personal Data Protection Commission, Singapore
Source: Personal Data Protection Commission Singapore - Press Room
30 Nov 2016, 12:00pm AEDT

PCPD Joins Hands with Members of the Asia Pacific Privacy Authorities to Promote Privacy Awareness

Office of the Privacy Commissioner for Personal Data, Hong Kong
Source: Office of the Privacy Commissioner for Personal Data
29 Apr 2016, 10:00am AEST

A Community Service Order was imposed on an Insurance Agent for Using Personal Data in Direct Marketing without Consent

Office of the Privacy Commissioner for Personal Data, Hong Kong
Source: Office of the Privacy Commissioner for Personal Data
25 Apr 2016, 10:00am AEST