This week, Arj is joined by elevenM colleague Jonathan Gadir to discuss the small business exemption to the Privacy Act. The exemption means that businesses with an annual turnover of $3 million or less are generally exempt from complying with the Act. We explore the pros and cons of the exemption, and whether the government is is likely to remove the exemption as part of current reforms to the Privacy Act (as has been proposed). Links: OAIC fact sheet https://www.oaic.gov.au/privacy/privacy-guidance-for-organisations-and-government-agencies/organisations/small-business Mass hack exposes ‘gaping’ hole in small business privacy https://www.innovationaus.com/mass-hack-exposes-gaping-hole-in-small-business-privacy/ Australian Chamber of Commerce and Industry submission opposing change https://consultations.ag.gov.au/integrity/privacy-act-review-report/consultation/view_respondent?_b_index=360&uuId=753662860 Small business owner % in marginal seats https://www.cosboa.org.au/post/2019/05/02/small-business-people-are-voters-too Australian Small Business and Family Enterprise Ombudsman oped on small business exemption https://www.asbfeo.gov.au/media-centre/media-releases/small-businesses-cant-be-held-same-privacy-standards Real estate agents privacy practices https://www.theguardian.com/australia-news/2023/may/19/real-estate-agents-push-back-against-australian-privacy-law-changes-designed-to-protect-personal-data Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

This week, Arj is joined by elevenM colleague Brett Watson to discuss regulators – who they are, what they do, and the influence they have on public policy. The conversation focuses on one regulator in particular – Australia’s privacy regulator, the Office of the Australian Information Commissioner. In a few recent public communications, most notably an opinion piece relating to TikTok’s information handling practices, the (relatively) new Privacy Commissioner Carly Kind appears to be taking a more direct and forceful approach to advocating for law reform than we have typically seen from Australian regulators. Arj and Brett embrace their ‘policy wonk’ tendencies, unpacking a range of political, economic and social factors that help to explain the approaches that regulators take. Links: Commissioner Kind’s opinion piece about TikTok and social media organisations harvesting data (paywall) https://www.theaustralian.com.au/business/technology/new-laws-needed-to-stop-tiktok-and-other-social-media-giants-harvesting-data-privacy-commissioner-carly-kind/news-story/186676ee74ad7378d9a82b465a976cc5 The OAIC’s media release following filing civil penalty proceedings in the Federal Court against Medibank https://www.oaic.gov.au/newsroom/oaic-takes-civil-penalty-action-against-medibank Sydney Morning Herald opinion piece on the Medibank proceedings https://www.smh.com.au/business/companies/medibank-on-the-hook-for-trillions-but-there-s-more-at-stake-than-money-20240604-p5jj62.html A recording of the OAIC’s appearance at Senate Estimates on 29 May 2024 (the OAIC’s appearance starts at 19:29:30) https://www.aph.gov.au/News_and_Events/Watch_Read_Listen/ParlView/video/2488552 Commissioner Kind appearing on the ANU Tech Policy Design Centre’s ‘Tech Mirror’ podcast, discussing the remit of her role, priorities for law reform, the TikTok matter, Digital ID and privacy as a check and balance on power https://podcasts.apple.com/au/podcast/tech-mirror/id1598491978?i=1000660836306 Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

This week we're in conversation with Chandni Gupta, Deputy CEO and Digital Policy Director of the Consumer Policy Research Centre (see below for her full bio). The CPRC is Australia’s only dedicated consumer policy think tank. Our conversation with Chandi explores how the concept of product safety applies to digital products, and the ways in which the constant push towards more frictionless online interactions is potentially undermining safe and fair consumer outcomes. And why "more consumer education" is not necessarily the answer. We also get into Chandni's research into "dark patterns" or online deceptive design, for which she has recently received a Churchill Fellowship. Chandni Gupta full bio: Chandni Gupta is the Deputy CEO and Digital Policy Director of Consumer Policy Research Centre (CPRC) – Australia’s only dedicated consumer policy think tank. Chandni leads CPRC’s research and policy program, while also leading CPRC’s research stream on protecting consumers in a digital world. Her work to date includes exploring the consumer shift from the analogue towards the digital economy, the impact of deceptive and manipulative online design, prevalence of greenwashing on social media and the key gaps that currently exist in Australia’s consumer protections. She also recently received a Churchill Fellowship following her research and policy work on dark patterns. Prior to CPRC, Chandni has worked in state and federal agencies, including the Australian Competition and Consumer Commission and has worked internationally both at the United Nations and the OECD. Links: https://cprc.org.au/ https://www.churchilltrust.com.au/fellow/chandni-gupta-vic-2023/ Singled Out report https://cprc.org.au/wp-content/uploads/2024/02/CPRC-Singled-Out-Final-Feb-2024.pdf FTC statement on price fixing https://www.ftc.gov/business-guidance/blog/2024/03/price-fixing-algorithm-still-price-fixing Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

Is there anything about you on the internet you wish you could take down? This week Arj is joined by Jonathan Gadir to discuss the "right to be forgotten" or "right to erasure" - a provision in data protection regulations overseas that is being considered as part of the reforms to the Australian Privacy Act. Overseas, the right has enabled individuals to have newspaper articles about them de-indexed from search engines. We discuss the merits of the right, competing values like freedom of expression, and the prospect of it being implemented in Australia.   Links:Art. 17 GDPR: Right to erasure https://gdpr-info.eu/art-17-gdpr/ Explainer: Right to be forgotten https://gdpr.eu/right-to-be-forgotten/ Article about pros and cons of right to be forgotten (LSJ Online) https://lsj.com.au/articles/the-right-to-be-forgotten/ Article about Google no longer notifying publishers (Guardian) https://www.theguardian.com/technology/2024/feb/15/google-stops-notifying-publishers-of-right-to-be-forgotten-removals-from-search-results Stats and examples of Google delisting content https://transparencyreport.google.com/eu-privacy/overview Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

Dr Katharine Kemp (bio below) is an Associate Professor at the Faculty of Law & Justice, UNSW Sydney, and Deputy Director of the Allens Hub for Technology, Law and Innovation. In this conversation, we explore how privacy and competition policy concerns are increasingly coming together, particularly in actions underway against tech giants like Meta and Apple. We also discuss Dr Kemp's recent research (with the CPRC) into the level of control and understanding consumers have about how their information is collected and used. Dr Katharine Kemp - FULL BIO Dr Katharine Kemp is an Associate Professor at the Faculty of Law & Justice, UNSW Sydney, and Deputy Director of the Allens Hub for Technology, Law and Innovation. Katharine’s research focuses on competition, consumer protection and data privacy regulation, particularly the intersection of these areas. She has published widely in these fields and is frequently sought out to consult with industry, regulators and policymakers. In 2023, she received the Australian Financial Review Higher Education Emerging Leader Award acknowledging the transformational impact of her work. Her advisory roles have included representing Australia as a Non-Government Advisor to the International Competition Network, and acting as a Member of the Advisory Board of the Future of Finance Initiative in India and the Expert Panel of the Consumer Policy Research Centre. She also teaches and convenes courses in Data Privacy Law; Fintech; and Contracts at UNSW Law. Katharine previously practised as a commercial lawyer at major law firms and as a barrister at the Melbourne Bar, and consulted to the Competition Commission of South Africa during the six years that she lived and worked in South Africa. Links: Associate Professor Katharine Kemp https://www.unsw.edu.au/staff/katharine-kemp Singled Out: joint research by UNSW and CPRC https://cprc.org.au/wp-content/uploads/2024/02/CPRC-Singled-Out-Final-Feb-2024.pdf Article on decision against Meta by Bundeskartellamt (NY Times) https://www.nytimes.com/2023/07/04/business/meta-germany-data.html Article on US DOJ action against Apple (The Verge) https://www.theverge.com/2024/3/21/24105363/apple-doj-monopoly-lawsuit Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

This week, Jordan is joined by elevenM colleague Jonathan Gadir to break down the stoush between Elon Musk and Australia's eSafety Commissioner. In recent weeks, Musk and his platform X have resisted calls to globally remove content related to a stabbing event in Sydney in April. The standoff has opened up a conversation about the merits of regulating so-called harmful online content, and the extent to which doing so impinges on free speech. Jordan and Jonathan debate the merits of the eSafety Commissioner's actions and its powers, the feasibility of the global takedown requests, and the potential future consequences of these orders.   Links: Article about Federal Court rejecting call to extend blocking injunction https://www.sbs.com.au/news/article/elon-musks-x-will-no-longer-be-forced-to-remove-videos-of-wakeley-church-stabbing/t8lvlk26r Media Watch piece https://www.abc.net.au/mediawatch/episodes/musk/103781898 Online Safety Act https://www.esafety.gov.au/newsroom/whats-on/online-safety-act Key elements of Online Safety Act https://www.infrastructure.gov.au/media-technology-communications/internet/online-safety/current-legislation   Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com

In this special episode for Privacy Awareness Week, Jordan sits down with Australia’s Privacy Commissioner Carly Kind. It's a great chat, covering the Commissioner's first impressions of the role, her professional background and how it shapes her approach, her regulatory priorities and what she hopes to achieve as Privacy Commissioner, and of course the PAW theme - what it's all about and how you can get involved. Links Privacy Awareness Week 2024 https://paw.gov.au/   Credits Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

It feels a little like déjà vu, but this week we discuss the US's newest, best candidate for a federal privacy law - the American Privacy Rights Act. With bipartisan and bicameral support for the draft law the mood is cautiously optimistic, though there's a very long way to go. We'll discuss what Australia can learn from the more novel elements of the proposed new law, and we'll explore how the growing policy focus on managing online harms is driving recognition of the need for strong privacy regulation, and we'll unpack how the issue of pre-emption (or overriding of state privacy laws) can be both the biggest driver and the biggest challenge for the bill.   Links A good overview of the American Privacy Rights Act (TechPolicy.Press) https://www.techpolicy.press/the-american-privacy-rights-act-of-2024-explained-what-does-the-proposed-legislation-say-and-what-will-it-do/ Summary and comparison to the 2022 privacy bill from a pro innovation think tank (ITIF) https://itif.org/publications/2024/04/10/privacy-bill-faceoff-comparing-the-apra-and-adppa/ Electronic Frontier Foundation's assessment (EFF) https://www.eff.org/deeplinks/2024/04/americans-deserve-more-current-american-privacy-rights-act A list of the very many sectoral privacy laws in the US (EPIC) https://epic.org/issues/privacy-laws/united-states/ US State Privacy Law Tracker (IAPP) https://iapp.org/resources/article/us-state-privacy-legislation-tracker/   Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

News feeds, search results, directions across town, even job or rental applications - opaque algorithms determine an increasingly large proportion of our lives. In the US, the Federal Trade Commission is going after landlords for using algorithms to illegally fix rental prices. Back home, a secret algorithm determines how detainees in immigration detention are treated. Through the lens of these two recent news stories, we explore the consequences of an increasingly algorithmically determined world and how algorithms can provide a false air of objectivity, giving cover for bad behaviour, bias or other errors. Links: FTC statement on price fixing by algorithm https://www.ftc.gov/business-guidance/blog/2024/03/price-fixing-algorithm-still-price-fixing Guardian article about algorithmic risk-ratings for Serco immigration detainees https://www.theguardian.com/australia-news/ng-interactive/2024/mar/13/serco-australia-immigration-detention-network-srat-tool-risk-rating-ntwnfb ACCC v Trivago - misleading customers about their ranking algorithm https://www.accc.gov.au/media-release/trivago-to-pay-447-million-in-penalties-for-misleading-consumers-over-hotel-room-rates Rod Sims 2017 speech on algorithms https://www.accc.gov.au/media-release/new-competition-laws-a-protection-against-big-data-e-collusion Comments on ADM by NSW OMbudsman (InnovationAus) https://www.innovationaus.com/automated-decisioning-sweeps-across-nsw-govt/ CHOICE report on RentTech in Australia https://www.choice.com.au/consumers-and-data/data-collection-and-use/how-your-data-is-used/articles/choice-renttech-report-release Algorithmic bias in sentencing (Pro Publica) https://www.propublica.org/article/machine-bias-risk-assessments-in-criminal-sentencing   Credits: Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au Music by Bensound.com

This week we break down the US Department of Justice's suit against Apple, claiming the tech giant is engaging in unlawful behaviour. In particular we examine the DOJ's charge that Apple has long justified anti-competitive behaviour on the basis of claims about better privacy and security. The suit raises interesting questions about the the tradeoffs between privacy and competition, and the best way to regulate tech platforms. Links:DOJ filing https://www.justice.gov/opa/pr/justice-department-sues-apple-monopolizing-smartphone-marketsArticle summarising the DOJ's suit (The Verge) https://www.theverge.com/24107581/doj-v-apple-antitrust-monoply-news-updatesArticle about the security benefits of Apple's approach (The Verge) https://www.theverge.com/2024/4/2/24107719/iphone-security-apple-doj-monopoly-antitrust-lawsuitArticle about "green bubble stigma" (NPR) https://www.npr.org/2024/03/28/1241473453/why-green-text-bubble-stigma-is-part-of-the-anti-trust-case-against-appleStrategy Credit (Stratechery) https://stratechery.com/2013/strategy-credit/Article about Apple telling Jon Stewart not to interview Lina Khan (Guardian) https://www.theguardian.com/media/2024/apr/02/jon-stewart-interview-lina-khan-apple   Credits:Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.auMusic by Bensound.com