The internet continues to throw up a range of privacy issues, which will only continue to increase as businesses look to exploit the marketing and commercial opportunities on offer. These opportunities have been made attractive through the continued development of innovative technologies including cookies, and behavioural based advertising.

This topic will touch upon the primary online issues. However, it is important to note that there are numerous issues presented by the internet which may require consideration in the circumstances.

A cookie is a piece of information that a website sends to a user's browser when that user accesses certain information on the website. On receipt of the information, the browser saves the information on the user's device. When a user of that device visits the same website, the website will recognise that device because the information that was previously recorded is sent back to the website by the device's browser.

Cookies normally do not contain any personal information when created by the website; however, in the hands of an ISP an IP address becomes personal data when combined with other information that is held.

See Cookies.

Online behavioural advertising (OBA) is the collection and use of online data for the purpose of delivering targeted advertising to individuals based on their interests.

In March 2011 the Australian Digital Advertising Alliance (ADAA) published a guideline in relation to “third party OBA” (being essentially information about browsing behaviour that is processed to determine which advertisements are delivered to a person across unrelated websites). The guide contains several self-regulatory principles.

See Online behavioural advertising.

Public key technology is a form of encryption technology that involves the use of asymmetric "public" and "private" keys to encode and decode online communications. It can be used for various purposes, but is primarily used for ensuring security or confidentiality of communications and allowing senders to authenticate identity to a recipient of a communication.

See Public key technology.

The increasing use of e-commerce between organisations in different countries means that organisations communicating personal information of individuals to overseas entities must be aware of their obligations in respect of cross-border data flows in Australia, and any relevant local regulatory schemes.

See Cross border issues.

Social media and social networking represent a fundamental shift in the way we communicate.

Social networks transcend national boundaries, make it easy for intended private communications to become public and have a potentially limitless reach. Similarly, the scope for legal ramifications is just as wide and affects not only individuals but also companies. Legal issues arising from the use (or misuse) of social media include:

• privacy;

• defamation;

• workplace surveillance;

• anti-discrimination;

• infringement of intellectual property rights; and

• competition and consumer law issues such as misleading or deceptive conduct.

Law reform bodies around the world are attempting to deal with the advent of new technology and media and how current laws relating to “older” technology such as fixed landlines, print media and television broadcasting should cope with the convergence of the ”old” with the ”new”. These reform initiatives include Australia's Convergence Review, the public consultation on deregulation initiatives in the communications sector by the Department of Communications (as part of the government's commitment to reducing the regulatory burden on industry to encourage innovation and boost productivity across the economy), and the Leveson Enquiry in the United Kingdom. The Convergence Review Committee published its report in 2012, which received over 340 written submissions and 28000 comments from industry leaders and organization, and recommended "a new principles-based policy framework that provides the media and communications sector with reduced compliance costs, increased certainty and flexibility while ensuring the services continue to meet the expectations of Australians."

See Social media.