The regulation of information privacy protection in electronic commerce (e-commerce) in Australia

Abstract

This thesis is concerned with the impact of information technology on e-commerce users' right to privacy. It argues that privacy is a human right which cannot be traded off against commercial interests. In this context, the thesis examines whether the current Australian federal statutory privacy protection framework adequately protects the privacy of Australian e-commerce users. The thesis examines the legal theories that justify privacy as a human right and impose obligations on the State to protect these rights. It compares the Australian approach with the most influential international developments in the European Union (EU) and Organisation for Economic Co-operation and Development (OECD) which may be regarded as establishing international norms of conduct for information privacy. The EU and OECD principles are used as comparators in assessing whether the Australian federal regulatory framework gives adequate recognition to privacy as a human right. The thesis concludes that the Australian federal legislation fails to give adequate protection to the privacy rights of e-commerce users and the approach used in the EU should be used as a model for change.

Date of Award	2013
Original language	English