One area in Australia where this is a common occurrence is in the area of Privacy and Privacy Law which is at the moment very inconsistent across the nation.
With regards to Privacy legislation many industries have adopted the approach to present a common front on the national scale although much of their membership may only be bound by law to do so to varying degrees as prescribed by those elements of the Federal law that are applicable and those of their individual State laws that may also be relevant.
This has created a degree of confusion throughout some industries with the result that their appointed council has recommend that they as an industry adopt a common front and propose an opt-in policy to the Office of the Privacy Commissioner which when ratified will be taken as the status quo for all members of that industry to adopt if they so desire.
Because the benefits of compliance are more economical than failing to do so these opt-in standards have a very high adherence rate within each industry (in most cases over 95% participation and compliance).
One reason; that has been given, for this high acceptance level is that in most instances it is believed that in due course; as each State produces its own more complicating legislation, the battle-field of compliance will become ever muddier. With this in mind; by adopting a higher than currently expected level of standard, the industry has every reason to presume; that over time, legislators will take the easy road and simply legislate that which is already current common practice.
There will be very little in the way of power lobby groups to voice difference and so the duly elected will be able to publically pat themselves on the back, lap up the kudos and that will be that.
Opt-Out Standards - Any excuse not to live up to expectations will do. Buyer beware is the rule here.
If an industry has an opt-In standard that it recommends that its members adopt and the vast majority do (usually over 95% compliance with industry formulated Opt-In standards that have been developed with due consultation and open debate from membership is the norm) be vary wary of those individuals or organisations that are unwilling to heed the wishes of their peers.
There is usually a good reason; so ask. You may find that there are legitimate reasons for the opt-out but more often than not you will find; that especially in the case of individuals, if the reason given for the individual's decision to opt-out presents you with an uneasy frame of mind then follow the old adage “if in doubt leave out”. Don't do business with them. It's far better to be safe than sorry (ripped-off).
What is in a Standard?
Never forget that a standard is a written document of considerable depth and detail and is freely available from the organisation or body charged with its formulation, maintenance and upkeep as well as its evolution. Standards will detail such elements and specifications about that which they are defining the standard for and so can be expected to describe to considerable detail such characteristics as:
- Style, form, format, content, presentation, medium etc. in very much the same way as content for publication or transmission via publically accessible media has standards by which TV and radio stations have regulatory conditions to which they must adhere
- Materials physical characteristics, electrical and electronic specifications and characteristics, composition, performance parameters, colour-coding etc
- Internationally agreed standards
- Prescribed, recognized and abided by terms and conditions
- Standards relating to products and services may detail enforceable terms, conditions, parameters, specifications, properties, styles, form factors, formatting, presentation and manner etc
- Other standards will cover such things as intellectual property and intellectual property rights
- Patents are a type of standard that has been around for a considerable time now. Yes there are problems associated with the patents system and many changes have been made over the years in response to issues that have arisen.
- Legally binding standards are also another area of great contention today
- Advertising standards and advertising practices standards according to many lobbyists just simply don't go far enough
These and many other attributes of just exactly what makes a standard will be the subject for part three of this series about Standards, Standardisation and Policies. So stay tuned and I'll see you soon.
