29 Ombudsman.indd - British and Irish Ombudsman Association

Ombudsman news from
around the world
Ian Pattison reviews happenings from ombudsman offices
around the world
Australia
MP introduces bill for airport
ombudsman
South Australian Federal MP Steve
Georganas has introduced a private
member’s bill to Parliament in an effort
to establish an airport ombudsman.
Mr Georganas says the ombudsman
would investigate airport noise and
developments.
He says most airports around Australia
are privatised and on federal land which
makes it difficult for neighbouring
residents to oppose any of their
activities. “It is a huge problem for
residents living in and around the airport,
certainly when development takes
place,” he said.
“In this case you have no right of
appeal, therefore I don’t think it’s
unreasonable to be asking for someone
impartial like an airport ombudsman to
offer that service.”
Source: ABC Online, March 2006
Canada
Apologies legislation introduced
‘Sorry’ will no longer be the hardest word
if the British Columbia Government’s
new Apology Act passes into law. The
province has become the first in Canada
to introduce legislation to allow people
and organisations to make an apology
without fearing legal liability.
“There are times when an apology
is very important and appropriate but
the legal implications have long been
uncertain,” Attorney General Wally Oppal
said as the bill was introduced Tuesday.
“The Apology Act is designed to
promote the early and mutually beneficial
resolution of disputes by allowing parties
to express honest regret or remorse.”
“This act effectively separates
expression of apology or remorse
from the acceptance of financial
responsibility.” Oppal told the
legislature an integral part of the bill
is that evidence of an apology is not
admissible in legal proceedings. He said
there are similar laws in Australia and
California, where liability lawsuits have
been significantly reduced. “You can’t
solve problems between two people
without an apology,” he said.
In February, acting BC Ombudsman
Howard Kushner wrote a report titled
The Power of an Apology: Removing the
Legal Barriers. The report encouraged
apologies when a person had been
treated unfairly by a public agency.
“My experience as Ombudsman has
demonstrated to me the power of an
apology in settling disputes,” Kushner
said in a release. “However, too often
I hear from public agencies that they
will not apologize for fear that their
apology will be used against them as
acknowledgement of liability in any
potential civil action.”
Source: WebWire, March 2006
Canada
ID scanning raises privacy concerns
Scanning or photographing identification
is becoming routine at some Winnipeg
nightclubs, but some people are
complaining it’s an invasion of privacy.
The ID images are scanned and the
images held for a period of time. Club
owners call it a matter of security.
A similar practice in Alberta has been
investigated by the Privacy Commission.
Its preliminary finding is that keeping this
kind of information violates privacy laws.
Barry Tuckett, who recently retired
as Manitoba’s Privacy Ombudsman,
is concerned businesses in Manitoba
haven’t proved they need to store this
kind of information.
“That’s a violation of the principles
of privacy,” says Tuckett. “You do not
collect personal information and private
information on individuals unless there
really is a justifiable need. And only then
you insure that you collect the minimum
amount and also that the information
is destroyed as soon as it’s no longer
needed for the purpose that it was
collected.”
Tuckett wants to see much more
public discussion about what private
information can be stored by nightclubs.
In the lineup outside the Canada Inns
Tijuana Yacht Club there was little
concern about how security inside the
door was running IDs through a scanner.
While waiting to get in, Derek
Campbell admitted he rarely thinks about
his privacy.
“It’s crossed my mind, but it’s not
really been an issue, I don’t think,” he
said. Jordan Kuzmak did wonder about
having his ID scanned. “But I trust this
place,” he said. “I don’t think they would
give out my information.”
Barry Tuckett believes it is not so
much a question of trust as it is about
good practice, and minimizing the spread
of personal information. “The minimum
amount they need is to see if you’re
18, is to take a look at the picture and
the name,” says Tuckett. “Now, if they
are collecting it on hard copy, why? And
what is the purpose of it? And who gets
to see it?” Tuckett says we are giving up
a lot of personal freedom by allowing this
kind of activity.
Source: CBC News, March 2006
Ireland
Concern over tracking devices
on children’s mobiles
Mobile phone tracking devices
designed to allow parents to monitor
their children’s whereabouts could be
illegal. The Office of the Data Protection
Commissioner is warning that children’s
rights could be violated by the service.
Under data protection legislation,
people must consent to having the
tracking device on their phones before
it is installed. It is feared that children
under the age of 16 may not understand
the issues involved. Concern is being
expressed that many children will be
pressured into consenting to the service
by their parents.
Source: Irish Examiner, April 2006
New Zealand
Former ombudsman named
Governor-General
Judge Anand Satyanand has been
appointed to succeed Dame Silvia
Cartwright as Governor-General, it was
announced recently. Prime Minister
Helen Clark said the Queen had
approved the appointment.
“Judge Satyanand will bring
many personal strengths to the role
Continued on page 18
The Ombudsman August 2006 17