Publications

This is a searchable catalogue of the College's most recent books and working papers. Other papers and publications can be found on SSRN and the ANU Researchers database.

Law, Technology and Humans

Children’s Privacy in Lockdown: Intersections between Privacy, Participation and Protection Rights in a Pandemic

Author(s): Faith Gordon, Damian Clifford

Children and young people throughout the world have felt the effects of Coronavirus Disease 2019 and the decisions made in response to the public health crisis, acutely. Questions have been raised about adequately protecting children’s privacy, as schooling, play and socialising went almost exclusively online. However, due to the historical lack of children’s rights being embedded throughout decision-making processes (including important participation rights), the effects of the increased surveillance as a result of the pandemic have not been thoroughly considered. This article pursues three objectives. First, it seeks to develop the literature on the enabling aspects of privacy for children in relation to education and play. Second, it seeks to expand the discussion on the exploitative risks endemic in not protecting children’s privacy, including not only violent harms, but commercial exploitation. Third, it suggests some policy responses that will more effectively embed a children’s rights framework beyond the ‘parental control’ provisions that dominate child-specific data protection frameworks.

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Centre: CIPL

Research theme: Human Rights Law and Policy

Consumer Privacy and Consent: Reform in the Light of Contract and Consumer Protection Law

Consumer Privacy and Consent: Reform in the Light of Contract and Consumer Protection Law

Author(s): Damian Clifford

In its recent Digital Platforms Inquiry — Final Report, the Australian Competition and Consumer Commission (ACCC) made recommendations for the reform of the Privacy Act 1988 (Cth) to provide for better mechanisms for ensuring consumer consent to data collection practices and to the Australian Consumer Law (ACL) to strengthen the protection for consumers against overreaching data collection practices. Such reforms would certainly be timely, given growing concerns about data protection and privacy in the provision of online services to consumers.

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Centre: CCL

Research theme: Law and Technology

Embracing Difference: Governance of Critical Technologies in the Indo-Pacific

Embracing Difference: Governance of Critical Technologies in the Indo-Pacific

Author(s): Jolyon Ford, Damian Clifford

This paper considers what an approach to human rights and the ethical governance of critical technologies could entail for Quad members. Its focus is data-driven technologies, like artificial intelligence.

The key insight of the paper is that policymaking and diplomacy on critical technologies should proceed from a recognition that the uses and impacts of technology are heavily affected by social factors, including local culture, context and legal traditions. Quad membership is often defined by distinguishing from autocratic/non-democratic powers. However, there are also considerable divergences within and between Quad members, and other partners, on what the responsible development, use and governance of technology (and related data) comprises. There are also differences between and within like-minded countries about how technologies are perceived to either pose a risk to, or enhance, security, economic and social interests and values.

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Centre: CIPL

Research theme: Human Rights Law and Policy, International Law

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Data Protection and Consumer Protection: The Empowerment of the Citizen Consumer

Author(s): Damian Clifford

This chapter explores the alignment of the EU data protection and consumer protection policy agendas through a discussion of the reference to the Unfair Contract Terms Directive in Recital 42 of the General Data Protection Regulation. This non-binding provision refers to the need to assess the (un)fairness of pre-formulated declarations of data subject consent to personal data processing. Through this lens the introduction of the Directive on Contracts for the Supply of Digital Content and its relationship to the data protection and privacy framework is also explored. The protections provided by both the data protection and privacy and consumer protection frameworks aim to bolster the decision-making capacity of individuals. However, as this chapter outlines, there are potential conflicts when the respective frameworks are assessed together.

Read on SSRN

Centre: CCL

Research theme: Law and Technology

Data Protection and Consumer Protection

Data Protection and Consumer Protection: The Empowerment of the Citizen Consumer

Author(s): Damian Clifford

This chapter explores the alignment of the EU data protection and consumer protection policy agendas through a discussion of the reference to the Unfair Contract Terms Directive in Recital 42 of the General Data Protection Regulation. This non-binding provision refers to the need to assess the (un)fairness of pre-formulated declarations of data subject consent to personal data processing. Through this lens the introduction of the Directive on Contracts for the Supply of Digital Content and its relationship to the data protection and privacy framework is also explored. The protections provided by both the data protection and privacy and consumer protection frameworks aim to bolster the decision-making capacity of individuals. However, as this chapter outlines, there are potential conflicts when the respective frameworks are assessed together.

Read on SSRN

Centre: CCL

Research theme: Law and Technology

Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team