March 21, 2017
Transparency is an important part of government administration. That includes providing details of the costs of administration. To that end publishing the cost of the use of telecommunications devices by MPs is hardly controversial. Unless of course it involves a significant breach of privacy, including a breach of the Privacy Act 1988. The Department of Parliamentary Services did not Read the rest of this entry »
March 18, 2017
The ongoing scandal involving the display of intimate (generally nude) photographs of female Marines by their fellow, male, marines on a secret Facebook page highlights the dangers of social media for breaching the privacy of others but also in demeaning and degrading women.
A Facebook Group, Marines United, would post photos of female marines, taken by the women themselves or their partners, without their consent. So far 1,200 screen names have been identified, of whom 725 are active marines while 150 are in the Marine reserve. The photographs were Read the rest of this entry »
March 8, 2017
At the best of times Closed Circuit television (“CCTV”) needs to be used carefully, responsibly and proportionally. The danger of function creep is present, particularly when CCTVs are tied to a network and run by government agencies. The report today in the Guardian in Fears over trial of ‘1984’ surveillance system that anticipates antisocial acts highlights a highly suspect trial by Toowomba City Council to use facial recognition software and analytic software to potentially predict anti social behaviour. This story has had a run on the World Today. The vagueness of the Toowoomba Mayor, Paul Antonio’s answers as to the future possible use of the CCTVs highlights the lack of transparency that accompanies these sort of “trials.” Of almost as much concern is the fact that the Queensland Privacy Commissioner has not been consulted. More like ignored even though the Information Privacy Act applies to local government. That Commissioner has prepared, vague and inadequate guidelines, on camera surveillance which are likely to be breached if the commentary on the World Today story turns into account. In the UK, where CCTVs are ubiquitous, there is a code of practice and real consequences for its misuse.
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The Yahoo security breach which resulted in 500 million customer emails being compromised will become a case study in what not to do when suffering a data breach, how not to Read the rest of this entry »
March 5, 2017
Health records are amongst the most sensitive of information. Information about a person’s fertility treatment are an even more sensitive category of information again. It is not surprising that when there is a failure to keep data secure the regulator would take a strong line. At least in the United Kingdom. In Australia, the regulator has not taken a strong line yet on anything of substance.
The UK Information Commissioner’s Office (the “ICO”) fined HCA International Ltd (“HCA”) £200,000 for failing to keep records secure. The problem stemmed from Read the rest of this entry »
February 14, 2017
Dating apps are notorious for both collecting a huge amount of highly sensitive personal information and being the subject of data breaches. Ashley Madison data breach being just the most dramatic instance.
The Privacy Commissioner has issued a dos and don’ts on 4 dating apps, Tinder, Grindr, Happn and Bumble. As far as it goes it is Read the rest of this entry »
The Privacy Commissioner has issued a statement regarding the passage of the Mandatory Data breach notification Bill. The Privacy Commissioner has Read the rest of this entry »
The Supreme Court, per Sifris J, heard an application under sections 233 and 461(1)(k) of the Corporations Act 2001 in Peter Exton & Anor v Extons Pty Ltd & Ors  VSC 14.
Many oppression proceedings in the Corporations List involve family run companies. Exton v Extons Pty Ltd is not unusual in this regard. The First Plaintiff, Peter, and the Sixth Defendant, Ian, are brothers. They each hold, either directly or indirectly, 50% of the shares in each of the companies that made up the Extons group. They are also directors of those companies .
The Extons group was commenced by Peter and Ian’s father and uncle in the 1950s, when it was started . It engages in earthworks, excavating and contracting in New South Wales and Victoria and occasionally sells machines including machines that it holds for the purposes of its contracting work .
Peter started Read the rest of this entry »
February 13, 2017
Australia now has a form of mandatory data breach notification law.
The Privacy Amendment (Notifiable Data Breaches) Bill 2016 passed in the Senate today. The Greens, per Senator Ludlum attempted to amend the bill slightly. Without success.
Unless the Government fixes a date for commencement by Proclamation it will commence operation in 12 months from the date the Bill receives Royal Assent.
February 10, 2017
The Privacy (Notifiable Data Breaches) Bill 2016 was introduced into the Senate last Wednesday, 8 February 2017. It was read a first time and will be placed on the Notice Paper for second reading debate at a time of the Government’s choosing. Given Read the rest of this entry »