Category Archive for: ‘Privacy’

This is a test post – Mr Robot wins big at the emmys

The Office of the Information Commissioner (“OAIC”) has released a consultation draft Guide to big data and the Australian Privacy Principles (the “Guide”). The draft Guide has been released at a time when many Australian businesses are exploring the potential of Big Data analysis for their business, and are grappling for the first time with some of the associated data …

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What’s the Big Deal with Big Data? The OAIC’s Guide to big data and the Australia Privacy Principles

The Office of the Information Commissioner (“OAIC”) has released a consultation draft Guide to big data and the Australian Privacy Principles (the “Guide”). The draft Guide has been released at a time when many Australian businesses are exploring the potential of Big Data analysis for their business, and are grappling for the first time with some of the associated data …

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Lights, camera, action! – will ‘revenge porn’ victims finally have a cause of action to sue offenders?

The Senate’s Legal and Constitutional Affairs References Committee (“Committee”), in an inquiry into the worldwide phenomenon known as ‘revenge porn’, made recommendations last week that acts of ‘revenge porn’ should be made a crime on Commonwealth and State levels. But ‘revenge porn’ scandals are only for the J-Laws and Kim Kardashians of the world right? Apparently not.

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Partner:

EU-US privacy safe harbor no longer safe

Our European colleagues have summarised the recent decision of the European Court of Justice dealing with the EU-US privacy safe harbor.  This is a big deal – the US Secretary of Commerce has been quoted as saying that the decision “puts at risk the thriving trans-Atlantic digital economy”. The plaintiff in the case, Mr Schrems, objected to Facebook Ireland transferring …

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Australian Department of Immigration data breach – another court decision

Data security breaches can cause much more than financial harm to affected individuals. In February 2014 the Australian Department of Immigration accidentally disclosed personal information about almost 10,000 asylum seekers. The asylum seekers became concerned that if their request for asylum was denied and they were removed from Australia to their country of origin, they may face persecution if the …

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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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Telco Sector Security Reforms

Authors: Michael Swinson (Partner) and TJ Saw (Solicitor) On 25 June 2015 the Attorney-General and the Minister for Communications released an exposure draft of a new piece of legislation that aims to strengthen the Government’s ability to manage national security risks affecting telecommunications networks. The proposed Telecommunications and Other Legislation Amendment Bill 2015 is the latest in a series of …

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Partner:

Misuse of private information is a “tort” in English law

The Court of Appeal for England and Wales has held that the cause of action recognised in English law since Campbell v Mirror Group for misuse of private information should be classified as a tort rather than an equitable cause of action. The question of classification was important in litigation against Google, Inc, because the plaintiffs needed to establish that …

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