The decision by the ACA to determine a standard follows a formal warning in February this year to one public number directory producer for unauthorised use of data from the Integrated Public Number Database (IPND), which stores names, addresses and phone numbers of anyone with a phone account.
"We issued the warning because we felt what was being done was not in the spirit of the code for use of [personal] data," John Haydon, executive manager of consumer and universal service obligations at the ACA told ZDNet Australia. "They disagreed with us."
Haydon said the issue had since been eclipsed by changes in the industry, and the ACA is "about achieving compliance rather than persecution". For that reason the ACA would implement a broader standard for the use of customer data irrespective of the source of that data. The rules will be set by the ACA under a proposed new telecommunications industry standard expected to come into force next year.
"The standard will broaden the existing industry code by not only applying to directory producers who source data from the IPND but also by covering all other public number directory producers," said ACA acting chairman Dr Bob Horton.
"We found consumer information being used for purposes which the ACA believes are beyond the scope of current authorised uses and the expectations consumers have about how their personal information will be used," said Horton. "We had hoped that this behaviour by some in the industry would be curbed by ACIF (Australian Communications Industry Forum) reviewing the code following an approach from the ACA early this year.
"However, it appears that IPND data users are continuing to breach the code and it is time for the ACA to take some forceful action," said Horton.
ACIF declined to comment on the issue until its IPND working committee met and discussed it on November 25.
Haydon said the ACIF processes were based on consensus, and since the issue of how the personal data could be used was a contentious one "the industry has been unable to come to a consensus arrangement". So the ACA stepped in to propose a standard.
Haydon said the ACA was looking forward to receiving responses to its discussion paper from ACIF and members of the telecommunications industry, as well as individuals and civil rights groups to allow them to understand "what the community expects is reasonable use of personal data in response to telecommunications services".
The discussion paper is due for release early next year, and the ACA anticipates a "fairly extensive and diverse array of comments" which will present a challenge to get through, according to Haydon. He said the standard was unlikely to be implemented before the second half of next year.
