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Privacy Law and Policy Reporter (PLPR)
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The Warran Centre, The Deparment of Industry, Science and Technology and the Asia-Pacific Smart Card Forum --- "Smart card industry draft Code of Conduct" [1996] PrivLawPRpr 6; (1996) 2(10) Privacy Law & Policy Reporter 190

Smart card industry draft Code of Conduct

The Warren Centre, the Department of Industry, Science and Technology, and the Asia-Pacific Smart Card Forum - Australia released a working paper for a smart card industry draft Code of Conduct on 20 December 1995. Submissions are invited.

Copies of the Code are available from the Asia-Pacific Smart Card Forum (Deborah Stanley, (06) 247 4655), The Department of Industry, Science & Technology (Pasqualino Strangis, (06) 276 1995 or (02) 209 4012), and The Warren Centre (Rod Galloway, (02) 351 3752).

The key provisions of the draft that relate to privacy issues are reproduced below.

Key privacy provisions

1. Definitions

1.1 'Consent' means any freely-given specific and informed indication of wishes by which the cardholder signifies agreement.

'Minimal Data Requirement' means the principle requiring the minimal collection of personal data as established in cl 2.1.

'Personal data' means any personal information relating to a cardholder which will or may directly disclose the identity of the cardholder.

6. Privacy

Information acquisition

6.1 Code Subscribers must observe the 'minimal data requirement' principle. The requirements of this principle are:

Confidentiality

6.2 Code Subscribers must:

6.3 Despite paragraphs 6.2(a) and (c) a Code Subscriber may disclose personal data relating to an associated service provider which has:

6.4 Nothing in cl 6.2 prevents:

Disclosure

6.5 Where appropriate a card principal must provide a cardholder or prospective cardholder with:

6.6 A Card Principal shall provide a cardholder or prospective cardholder upon request with general descriptive information about the personal data requirements of personalised smart cards and the options available to the cardholder or prospective cardholder under legislation.

6.7 If a Card Principal intends to introduce a fee or a charge (other than a government charge), the card principal must provide written notice of the charge to each affected cardholder.

10. Dispute resolution

10.1 Complaints that a Code Subscriber has not observed a provision of the Code (Complaint) may be made by:

10.2 If a complaint is made to the Smart Card Forum the Executive Officer must refer the complaint to the Code subscriber.

10.3 If a complaint is made to the Code Subscriber or referred by the Executive Officer the following provisions apply:

10.4 In the first instance:

10.5 If the Complainant does not accept the proposed course for resolution of the complaint it may require the Code Subscriber to enter into a mediation procedure.

10.6 If the Complainant makes a request under cl 10.5 the Code Subscriber must request the Smart Card Forum to appoint a mediator to attempt to resolve the dispute.

10.7 The Smart Card Forum will appoint a mediator from a panel of mediators maintained by the Smart Card Forum.

10.8 The costs of the mediation will be borne by the Code Subscriber.

10.9 If the mediation is unsuccessful in resolving the dispute the Complainant may request Smart Card Forum to institute sanctions procedures.

11. Sanctions procedures

11.1 If a request is made under 10.9 the Executive Officer must:

11.2 In its reply to a request under 11.1(d) the Codes subscriber may:

11.3 If the Executive Officer is not satisfied with the Code Subscriber's reply, the Executive Officer may notify the Codes subscriber that the matter is to be referred to the Sanctions Committee ('the Sanctions Notice').

11.4 The Sanction Committee shall consist of thee people appointed by the Board.

11.5 The Sanctions Notice must contain:

11.6 If the Sanctions Committee finds a Code Subscriber has breached the Code it may:

11.7 Complaints against Code Subscribers shall be dealt with in confidence except in so far as it is necessary to divulge material for the purpose of obtaining information of assistance for the purpose of the inquiry, but the Sanctions Committee may publish its findings and any sanction imposed as it sees fit.

11.8 Legal representation before the Sanctions Committee may only be permitted by the Sanctions Committee in those exceptional circumstances when that Committee considers it necessary to do so to accord the parties natural justice.


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