Monday 23 January 2012

Privacy laws !

Each Australian state enacts it's own version of privacy laws - and they are woefully inconsistent.  How often do we read in the newspapers the details of some awful crime, followed by the words " the name of the offender can not be released " ?

The names of juvenile offenders are universally suppressed and there is some merit to be gained. It prevents matters of " youthful indiscretion " from blocking rehabilitation, but privacy is a two edged sword and it should never be used to block the flow of information that protects ordinary citizens from harm from criminals.,

A case in point.   Privacy laws block the exchange of information between the immigration people handling those travelling between Australia and New Zealand.     Those entering Australia from across the Tasman merely tick a box that attests that they do not have a criminal record - nor have they been gaoled for any period in excess of one year.

One person who made such a claim had a long history of embezzlement and subsequently gained a job in a sensitive area of finance in this country - that led to the loss of sixteen million dollars from a state government department.

A reverse situation follows when we deport a New Zealand citizen for crimes committed here. Privacy laws in some Australian states prevent immigration advising their New Zealand counterparts of the crime details that led to that deportation - and that makes absolutely no sense.

The legal system insists that if we are charged with a crime, guilt or innocence is determined by appearance before a court.   The notion that whatever transpires in that court is open to public scrutiny is the cornerstone of public accountability.    Justice should not only be done - but be seen to be done.   That concept fails when privacy laws decline the public's " right to know ! "

Privacy seems to have been a " creeping concept ".   Each year the range and scope of matters being drawn behind the veil increases.     Perhaps the time has come to reinstate the basic privacy law to make it clear precisely what is public property - and do away with the clutter of " if's - but's - and maybe's ! "

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