General computer crime laws
The Commonwealth Cybercrime Bill 2001 was tabled in the House of Representatives on 27 June 2001. The Senate Senate Legal and Constitutional Legislation Committee was asked to undertake an inquiry into the Bill and the Committee's Report was issued in August. The Bill was approved by the Parliament with minor amendments on 27 September 2001.
The legislation is an overbroad knee-jerk reaction to recent well-publicised virus attacks, and has the potential to criminalise innocent behaviour such as possession of security software. It also introduces an alarming law enforcement provision requiring release of encryption keys or decryption of data, contrary to the common law privilege against self-incrimination.
Privacy laws
Types of privacy
The type of privacy covered by the Privacy Act and our Office is the protection of people's personal information.
However, this is just one aspect of privacy. Other types of privacy can include territorial privacy and physical or bodily privacy and privacy of your communications.
This Office generally handles privacy issues which involve a person's personal information. This can include privacy issues associated with information about your location, your health and body and your communications with others.
What is personal information?
Personal information is information that identifies you or could identify you. There are some obvious examples of personal information, such as your name or address. Personal information can also include medical records, bank account details, photos, videos, and even information about what you like, your opinions and where you work - basically, any information where you are reasonably identifiable.
Information does not have to include your name to be personal information. For example, in some cases, your date of birth and post code may be enough to identify you.
Export and Espionage laws
The Criminal Code Amendment (Espionage and Related Matters) Act 2002
The Criminal Code Amendment (Espionage and Related Matters) Act 2002 enhances Australia's national security legislative framework by strengthening Australia's espionage laws. The maximum penalty for a person convicted of espionage is now 25 years imprisonment. In addition to strengthening the offence provisions, the Act supports the process of bringing cases of espionage to trial.
Copyright laws
Copyright is a type of property that is founded on a person's creative skill and labour. It is designed to prevent the unauthorized use by others of a work, that is, the original form in which an idea or information has been expressed by the creator.
Copyright is not a tangible thing. It is made up of a bundle of exclusive economic rights to do certain acts with an original work or other copyright subject-matter. These rights include the right to
copy, publish, communicate (eg, broadcast, make available online) and publicly perform the copyright material.
Copyright creators also have a number of non-economic rights. These are known as moral rights. This term derives from the French droit moral. Moral rights recognised in Australia are the right of integrity of authorship, the right of attribution of authorship and the right against false attribution of authorship. These rights are explained more fully at paragraphs state and local regulations.
It is the responsibility of the information security professional to understand state laws and regulations and insure the organization’s security policies and procedures comply with those laws and regulations.
I think privacy laws is the most important for information security, because the Privacy Act regulates how your personal information is handled, It covers how your personal information is collected; how it is then used and disclose; its accuracy; how securely it is kept ; your general right to access that information.
The law also covers the use of your tax file number and how credit worthiness information about you is handled by credit reporting agencies and credit providers.