The Limitations of Fair and Reasonable Privacy Laws

This week, Jordan sits down with elevenM privacy communications expert Tessa Loftus to debate whether we should just give up on privacy policies.

Historically, privacy regulation has leant heavily on transparency and consumer choice - the idea that if we just give consumers the right information, then they can take control of their privacy. But the reality is that most privacy policies are an unintelligible to most people, and we've all lost control.

So what's the answer? Can businesses communicate better about privacy? Or should we give up on consumer choice and put the onus on businesses to act 'fairly and reasonably'.

Links:

Privacy Act Review final report: https://www.ag.gov.au/rights-and-protections/publications/privacy-act-review-report

International Association of Privacy Professionals Privacy and Consumer Trust Report: https://iapp.org/resources/article/privacy-and-consumer-trust-summary/ (full report is paywalled)

Office of the Australian Information Commissioner Australian Community Attitudes to Privacy Survey 2023: https://www.oaic.gov.au/engage-with-us/research-and-training-resources/research/australian-community-attitudes-to-privacy-survey/australian-community-attitudes-to-privacy-survey-2023

Consumer Policy Research Centre 2020 Data and Technology Consumer Survey: https://cprc.org.au/cprc-2020-data-and-technology-consumer-survey/