Select Publications
Reports
, 2022, Balancing the Competition, Consumer Protection and Privacy Regulation of Digital Platforms: Submission in response to the ACCC Digital Platform Services Inquiry Discussion Paper on Updating Competition and Consumer Law for Digital Platform Services, Submission in response to the ACCC Digital Platform Services Inquiry Discussion Paper on Updating Competition and Consumer Law for Digital Platform Services, http://dx.doi.org/10.26190/unsworks/28278
, 2022, Submission to the Attorney General's Department on the Privacy Act Review Discussion Paper, http://dx.doi.org/10.26190/unsworks/28277
, 2021, Submission to the Attorney-General’s Department in response to the Online Privacy Bill Exposure Draft, http://dx.doi.org/10.26190/unsworks/28229
, 2021, The Absence of Competition in the Privacy Terms of Online Marketplaces: Submission in Response to the ACCC General Online Retail Marketplaces Issues Paper, Digital Platform Services Inquiry, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3905693
, 2021, (mis)Informed Consent in Australia (Report for iappANZ, 31 March 2021), UNSWorks, Sydney, http://dx.doi.org/10.26190/7sk3-0w49, http://handle.unsw.edu.au/1959.4/unsworks_75600
, 2020, Submission to the Attorney General's Department on the Privacy Act Review Issues Paper, https://www.ag.gov.au/sites/default/files/2021-01/dr-katharine-kemp.PDF
, 2020, Submission to Federal Attorney General, Privacy Amendment (Public Health Contact Information) Bill 2020, https://www.allenshub.unsw.edu.au/sites/default/files/inline-files/UNSW%20Submission%20to%20AG%20Porter%20re%20COVIDSafe.pdf
, 2020, Submission to Senate Select Committee on COVID-19 re Privacy Amendment (Public Health Contact Information) Bill 2020, https://unsw.sharepoint.com/:b:/s/LawResearchSupport/ETsj6l0D8oBKhaCitN3nhssBB1QHxQsaXLMp9_9rXmF9vQ?e=46zOJ3
, 2020, COVIDSafe App - Submission to the Parliamentary Joint Committee on Human Rights, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3595109
, 2020, Australia’s ‘COVIDSafe App’: An Experiment in Surveillance, Trust and Law, University of New South Wales Law Research Series 999, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3589317
, 2020, Submission in Response to the Australian Competition & Consumer Commission Ad Tech Inquiry Issues Paper, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3587239
, 2019, Submission on the ACCC Digital Platforms Inquiry Final Report, http://dx.doi.org/10.26190/unsworks/28227
, 2019, Submission on the Digital Platform Inquiry: FInal Report
, 2019, Submission in response to ACCC Digital Platforms Inquiry Draft Report
, 2018, Submission to the Australian Treasury on the Treasury Laws Amendment (Consumer Data Right) Bill 2018 - Exposure Draft, https://treasury.gov.au/sites/default/files/2019-03/t329531-Kemp-and-Nicholls.docx
, 2018, Submission to the Australian Treasury on the Review into Open Banking in Australia Final Report, https://treasury.gov.au/sites/default/files/2019-03/T282002-Kemp-and-Vaile.docx
, 2017, Submission on the APRA Discussion Paper on Licensing: A Phased Approach to Authorising New Entrants to the Banking Industry
, 2016, Submission to the New Zealand Ministry of Business, Innovation & Employment on the Targeted Review of the Commerce Act 1986 Issues Paper, “A Third Way: Objective Anticompetitive Purpose”
, 2016, Submission to the Australian Treasury on Options to Strengthen the Misuse of Market Power Law Discussion Paper, “A Third Way: Objective Anticompetitive Purpose”
, 2015, Submission to the Australian Payments Plan Consultation: Shaping the Future of Australian Payments
, 2014, Submission to the Competition Policy Review Committee, "The Under-Inclusive "Take Advantage" Standard, a Proposal for an Onus-Shifting Approach and the Canadian SLC Alternative"
, 2014, Submission to the Competition Policy Review Committee, "The South African Example: A Legislated Effects-Based Test and Efficiency Defence for Misuse of Market Power"
Recorded / Rendered Creative Works
, 2020, Trust Exercise: UNSW Grand Challenge on Trust Podcast Series, Editor(s): Kemp K, Published: 01 December 2020, Recorded / Rendered Creative Works, https://soundcloud.com/trustexercise/tracks
Working Papers
, Protecting Financial Consumer Data in Developing Countries: An Alternative to the Flawed Consent Model, Elsevier BV, http://dx.doi.org10.2139/ssrn.3237856, https://doi.org/10.2139/ssrn.3237856
Media
, 2022, 'Are you okay with this?’ Facial recognition of unsuspecting customers prompts privacy warning, https://www.6pr.com.au/are-you-okay-with-this-facial-recognition-of-unsuspecting-customers-prompts-privacy-warning/
, 2022, Competition vs Privacy with Dr Katharine Kemp, https://podcasts.apple.com/au/podcast/competition-vs-privacy-with-dr-katharine-kemp/id1585098937?i=1000563933277
, 2022, The ACCC is suing Meta for celebrity crypto scam ads on Facebook. Here’s why the tech giant could be found liable, https://theconversation.com/the-accc-is-suing-meta-for-celebrity-crypto-scam-ads-on-facebook-heres-why-the-tech-giant-could-be-found-liable-179655
, 2021, A new proposed privacy code promises tough rules and $10 million penalties for tech giants, https://theconversation.com/a-new-proposed-privacy-code-promises-tough-rules-and-10-million-penalties-for-tech-giants-170711
, 2020, The US is taking on Google in a huge antitrust case. It could change the face of online search, https://theconversation.com/the-us-is-taking-on-google-in-a-huge-antitrust-case-it-could-change-the-face-of-online-search-148519
, 2020, Trust in digital health and health researchers, https://podcasts.apple.com/au/podcast/trust-exercise/id1524894661
, 2020, Trust, sexuality and gender diversity, https://podcasts.apple.com/au/podcast/trust-exercise/id1524894661
, 2020, The ACCC is suing Google for misleading millions. But calling it out is easier than fixing it, https://theconversation.com/the-accc-is-suing-google-for-misleading-millions-but-calling-it-out-is-easier-than-fixing-it-143447
, 2020, Every step you take: why Google’s plan to buy Fitbit has the ACCC’s pulse racing, https://theconversation.com/every-step-you-take-why-googles-plan-to-buy-fitbit-has-the-acccs-pulse-racing-141052
, 2020, The COVIDSafe bill doesn’t go far enough to protect our privacy. Here’s what needs to change, https://theconversation.com/the-covidsafe-bill-doesnt-go-far-enough-to-protect-our-privacy-heres-what-needs-to-change-137880
, 2020, No more negotiating: new rules could finally force Google and Facebook to pay for news, https://theconversation.com/no-more-negotiating-new-rules-could-finally-force-google-and-facebook-to-pay-for-news-136718
, 2020, Australia’s privacy watchdog is taking Facebook to court. It’s a good start
, 2019, The federal government’s response to the ACCC’s Digital Platforms Inquiry is a let down, https://theconversation.com/the-federal-governments-response-to-the-acccs-digital-platforms-inquiry-is-a-let-down-128775
, 2019, The ACCC is suing Google over tracking users. Here’s why it matters, https://theconversation.com/the-accc-is-suing-google-over-tracking-users-heres-why-it-matters-126020
, 2019, Here’s how tech giants profit from invading our privacy, and how we can start taking it back, https://theconversation.com/heres-how-tech-giants-profit-from-invading-our-privacy-and-how-we-can-start-taking-it-back-120078
, 2019, Consumer watchdog calls for new measures to combat Facebook and Google’s digital dominance, https://theconversation.com/consumer-watchdog-calls-for-new-measures-to-combat-facebook-and-googles-digital-dominance-120077
, 2018, ACCC wants to curb digital platform power – but enforcement is tricky, https://theconversation.com/accc-wants-to-curb-digital-platform-power-but-enforcement-is-tricky-107791
, 2018, 94% of Australians do not read all privacy policies that apply to them – and that’s rational behaviour, https://theconversation.com/94-of-australians-do-not-read-all-privacy-policies-that-apply-to-them-and-thats-rational-behaviour-96353
, 2018, Soft terms like ‘open’ and ‘sharing’ don’t tell the true story of your data, https://theconversation.com/soft-terms-like-open-and-sharing-dont-tell-the-true-story-of-your-data-95521
Preprints
, 2021, COVID & Digital Surveillance: Common Legislative Protections for Proximity Apps, Attendance Tracking, and Status Certificates (Part II) (Presentation Slides), http://dx.doi.org/10.2139/ssrn.3875920
, 2021, Police Access to COVID Check-In Data Is An Affront to Our Privacy. We Need Stronger and More Consistent Rules in Place, http://dx.doi.org/10.2139/ssrn.3922035
, 2020, Australia’s COVIDSafe Experiment, Phase III: Legislation for Trust in Contact Tracing, http://dx.doi.org/10.2139/ssrn.3601730
, Competition and Consumer Watchdog Spurs Australian Privacy Changes, http://dx.doi.org/10.2139/ssrn.3748311
, COVID Digital Surveillance: Common Legislative Protections for Proximity Apps, Attendance Tracking, and Status Certificates (Part I) (Presentation Slides), http://dx.doi.org/10.2139/ssrn.3878659
, COVIDSafe App - Submission to the Parliamentary Joint Committee on Human Rights, http://dx.doi.org/10.2139/ssrn.3595109
, Ignoring Privacy Practices Would Distort Data Broker Issues (Submission on Digital Platform Services Inquiry - March 2024 Report on Data Brokers - Issues Paper), http://dx.doi.org/10.2139/ssrn.4537963