Category Archive for: ‘Confidentiality’

Lessons to be learned from the OAIC’s security assessment of St Vincent’s Hospital

Authors: Michael Swinson (Partner) and TJ Saw (Solicitor) Last month the Office of the Australian Information Commissioner (OAIC) issued a privacy assessment report of St Vincent’s Hospital Sydney Limited (St Vincent’s).[1] The Privacy Commissioner has the power to carry out assessments under section 33C of the Privacy Act in order to determine whether an organisation is complying with the Australian …

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Immigration removals delayed pending assessment of data breach

The Immigration department’s well publicised 2014 data security breach continues to cause difficulties for the Department.  In late January and mid February the courts have issued interlocutory injunctions preventing the removal from Australia of certain asylum seekers pending the outcome of administrative law challenges to decisions to refuse refugee status, based on the Department’s consideration of the impact of the …

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Can a business stop an ex-employee from listing it as a former employer on LinkedIn?

And yes, this is a serious question.

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Are your LinkedIn connections trade secrets?

Wait, what?

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Preliminary discovery and arbitration

Ordinarily, an arbitral tribunal does not have power to order preliminary discovery of documents that would allow a prospective plaintiff to evaluate whether or not sufficient evidence exists to commence a claim. This was one of the findings of the Supreme Court of NSW in a recent case in which a company suspected that a number of its former senior managers and consultants had misused the company’s confidential information or infringed its IP rights.

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Can Sports Data protect its Sports Data? The Federal Court refuses interlocutory relief to protect input criteria for sports statistics

Sports statistics – watching sport just wouldn’t be the same without them these days. What percentage of second serves did Federer make to the backhand? What percent of penalties did Messi take to the left side of the goal? What is the average number of offloads from Paul Gallen per game? These statistics are useful of course, not just to …

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The ALRC releases Discussion Paper on “Serious Invasions of Privacy in the Digital Era”

As we foreshadowed last month, the Australian Law Reform Commission has recently released Discussion Paper 80, on “Serious Invasions of Privacy in the Digital Era”. The terms of reference for the discussion paper were to investigate the ways in which law can protect the privacy interests of the public, and in particular, come up with detailed mechanics for a new …

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The ALRC conducts Inquiry into “Serious Invasions of Privacy in the Digital Era”

The average internet user will click “I agree” to countless Privacy Policies (or 1,462 in a year, if you believe this research) without a second thought. Yet, as we forge further into the ever evolving digital age, more and more personal data is being shared by an increasing number of internet users (Facebook counted 1.23 billion users last month), without …

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