1. Surveillance and Privacy 2003: Terrorists and Watchdogs International Law and Policy Conference 8 th and 9 th September 2003 Baker & McKenzie Cyberspace Law and Policy Centre Sydney, Australia Day 2: Presentation on Theme, ‘What Use Are Privacy Commissioners?’/ ‘Looking Ahead: How Do We Make Privacy Laws Work?’ WHAT USE ARE PRIVACY COMMISSIONERS? Charles D. Raab Professor of Government University of Edinburgh

2. Privacy Commissioners: Seven Interrelated Roles Ombudsmen Auditors Consultants Educators Policy advisers Negotiators Enforcers

3. What Should Commissioners Be Expected To Do? Protect privacy Promote good information practice Balance between the two?

4. What Is Wrong With Laws and Commissioners? Laws are too complex and unclear Interpretations are often unavailable or contestable Commissioners are often underpowered for some or all of their roles The climate for privacy protection is unfavourable owing to –priority given to other public issues and moods –conflict with other government policies

5. How Can Regulation Be Made To Work Better? Recognise that laws and commissioners are insufficient Develop other instruments –self-regulation –PETs –public awareness and activism Promote an integrated privacy regime Re-examine concepts and promote research