18 Sep
2006

















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     Tech Protection Measures and Disasters

The exposure draft of the technological protection measures (TPM) amendments to the Australian Copyright Regulations has been released for public consultation.

The Regulations, under the Copyright Act, implement exceptions accepted by the Government following the House of Representatives Standing Committee on Legal & Constitutional Affairs Review of TPM Exceptions.

The federal Attorney-General's Department is currently engaged in a further review of additional exceptions that may be added to the Regulations. Areas covered by those exceptions potentially include reproduction of computer programs to make interoperable products; reproduction and communication of copyright material by educational and other institutions assisting people with disabilities; reproduction and communication of copyright material by libraries, archives and cultural institutions for certain purposes; inclusion of sound recordings in broadcasts and the reproduction of sound recordings for broadcasting purposes; access where a TPM is obsolete, lost, damaged, defective, malfunctioning or unusable and a replacement TPM is not provided; and access where a TPM damages a product, or where circumvention is necessary to repair a product.

Comments on the draft Regulations should be sent to the Department (Johanna Taylor) by close of business 6 October 2006. Meanwhile the Privacy Legislation Amendment (Emergencies and Disasters) Bill 2006 has been introduced in the Senate.

It is envisaged that the proposed legislation will facilitate the exchange of information to "help identify and assist disaster victims", provide a clear legal basis to manage collection, use and disclosure of personal information about people involved in an emergency or disaster.

The Attorney-General commented that

The Bill places beyond doubt the capacity of the Australian Government and others to lawfully exchange personal information for a specific purpose in an emergency or disaster situation. It does not compel disclosure of personal information but confirms that disclosure is permitted in such situations.

The provisions of the legislation will be triggered by a declaration, by the Prime Minister or Attorney-General, that an emergency or disaster has occurred in Australia or overseas. It will explicitly give government agencies and other organisations "greater confidence regarding personal information that may be disclosed under the Privacy Act" about someone who may have been killed, is injured or is missing. It will "also ensure the Privacy Act does not cause any delay in the proper delivery of prompt services to victims of tragedies".

The federal Privacy Commissioner's Office (OFPC) was involved in development of the legislation but has yet to make a statement on the Bill.




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