October 29, 2010
Dr James Popple has been appointed as Australia’s Freedom of Information Commissioner. Biographical details regarding Dr Popple are found at http://www.oaic.gov.au/about/exec.html.
Tthe Minister for Privacy and Freedom of Information’s media release announcing the appointment is at http://www.ministerhomeaffairs.gov.au/www/ministers/oconnor.nsf/Page/Newsroom.
Let the new era of more open access to documents begin!
October 28, 2010
The Civil Procedure Act willbe proclaimed on 1 January 2011. It will have a significant impact on litigators, both solicitors and counsel, approach and conduct litigation in Victorian Courts and Tribunals.
I will be providing occasional posts on the operation of the Act over the next 6 weeks. I have included the second reading speech in its entirety below.
This post focuses on section 1 of the Act. For practitioners the relevant provisons are section 1(2) is the most relevant provision. At least in the early stages of this process these provisions will be important in applying the rules of procedure.
It provides
Chapter 1—Preliminary
1 Purposes
(1) The main purposes of this Act are—
(a) to reform and modernise the laws, practice, procedure and processes relating to the resolution of civil disputes which may lead to civil proceedings and to civil proceedings in the Supreme Court, the County Court and the Magistrates’ Court and provide for uniformity;
(b) to simplify the language relating to civil procedure;
(c) to provide for an overarching purpose in relation to the conduct of civil proceedings to facilitate the just, efficient, timely and cost-effective resolution of the real issues in dispute;
(d) to amend various Acts in relation to the conduct of civil proceedings to reflect the new procedures.
(2) Without limiting subsection (1), this Act provides for—
(a) overarching obligations for participants in civil proceedings to improve standards of conduct in litigation;
(b) the facilitation of the resolution of disputes before civil proceedings are commenced;
(c) the enhancement of case management powers of the courts, including in relation to discovery;
(d) further enhancement of appropriate dispute resolution processes;
(e) reform of the law relating to summary judgment;
(f) clarifying sanctions available to courts in relation to contravention of discovery obligations.
The explanatory memorandum provides:
CHAPTER 1--PRELIMINARY
This Chapter sets out the purpose of the Bill, when the Bill commences,
definitions for terms used and the application of the Bill.
Clause 1 provides Read the rest of this entry »
October 27, 2010
From November 1, the Office of the Australian Information Commissioner will be start operating. The Information Commissioner, supported by the Privacy Commissioner and a new Freedom of Information Commissioner, will be a specialist independent monitor with the ability to review FOI decisions and investigate complaints.
The Federal Govenment announced there would be changes to the fee structure being: Read the rest of this entry »
The Privacy Commissioner and ACMA will be investigating a botched mail out by Telstra. The release provides:
The Australian Communications and Media Authority and the Office of the Australian Privacy Commissioner are looking into the circumstances of a botched mail out by Telstra to its customers.
The mail out resulted in around 220,000 letters with incorrect addresses being sent to Telstra customers. The letters contained the name, phone number and telephone plan of other customers.
‘The ACMA’s main priority Read the rest of this entry »
October 26, 2010
The Australian reports that the US Electronic Privacy Information Centre has filed suit to stay the roll out of body scanners. It also reports on the privacy issues in the Australian context.
Interestingly a pilot in the USA has been stood down because he refused to go through a full body scanner. His reasoning sums up the problem:
However, Michael Roberts said he did not want to be harassed or “molested” without a cause.
Mr Roberts also said he has safety concerns and doesn’t actually believe TSA’s ‘make-work’ programs makes flying safer for travellers.Australia plans to rollout of the scanners next year as part of the Federal Government’s crackdown on airport security.
October 25, 2010
The BBC reports that the Information Commissioners Office will be investigating what personal information Google has gathered from private wi fi networks. The Spanish Data Protection Agency has filed suit against Google. The Age today reports that the Privacy Commissioner has claimed that Google had breached the Privacy Act in collecting information from wireless networks while undertaking the street view project.
October 22, 2010
It is hardly news that the law of privacy is a mish mash of poorly drafted legislation, timid regulation by our various commissioners and an all too slowly developing common law. In the US, where there are privacy statutes, a well developed tort of privacy and constitutional recognition Electronic Privacy Information Centre has given the Obama Administration a very ordinary report card.
Here is the report card: Read the rest of this entry »
October 21, 2010
In yesterday’s SMH TICA a tenant database company is taking a tenant check to a new, disturbing level of intrusion. The service will permit landlords to be notified of when a current tenant is looking for alternate accomodation in New South Wales.
The World Today ran a story on the subject. The transcript is sobering reading. If this is permissible it is a walking and talking argument for tightening privacy laws. Read the rest of this entry »
October 20, 2010
Today’s report in the Daily Telegraph and Age highlights a growing trend of serving individuals on line. A police officer served an intervention order by substituted service upon allegd cyber stalker by placing documents on his Facebook page and a video of the order.
The process as described is fascinating. It provides:
In an Australian first, Senior Constable Stuart Walton made a video of himself reading an interim intervention order to the accused man, as if he was directly speaking to him and serving him the order.
The officer was handling a complaint made by a woman about her former boyfriend, whom she claimed had bullied her using Facebook.
The order, explanation and telephone contact numbers were transcribed and sent in private messages to the man’s Facebook account.
The woman had told police on August 23 that she was being threatened, bullied and harassed via the site.
There had been a history of domestic violence in their relationship and an intervention order had lapsed when the woman was contacted by her former boyfriend via Facebook.
After sending the papers and video, police could not confirm whether or not the message had been read by the man, but they were able to ascertain the video had not been opened.
The order also required him to take down his Facebook profile.
The method of serving the order was upheld indefinitely by a magistrate despite the man not attending court.
Sen-Constable Walton then served the final order, again via Facebook, and later learned that although the video wasn’t opened, the messages had been read when he caught up with the accused man a week later.
There is not much precedent in this exercise. It is highly unlikely that the recipient will appeal. It doesn’t involve property rights or a significant impact on a person’s liberty. That said the move is on. It is a matter of time before court process in civil matters will be served on line. The real issue issue is whether this will remain a means of substituted service or a matter of course.
October 7, 2010
On Wednesday Facebook introduced 3 features which should improve privacy controls for those who seek it. Acording to the report:
The biggest change for users will be the new groups feature, which allows people to identify small circles of friends on the site, and share specific information and communicate with just those people.
Users can decide whether the groups are public or private, and choose which information they want to share with each group. Previously, Facebook allowed users to create lists of friends, but Mr Zuckerberg said only about 5 per cent of users ever took advantage of the feature.
The problem is, Facebook has form. It won’t be taken as repenting its evil ways just yet at least as far as Steve Hutchison of the Age is concerned.