Peter A Clarke

The Washington Post in  Can Katherine Heigl really sue Duane Reade for tweeting her photo? Yes, and here’s why reports on Heigl suing Duane Reade for violating her privacy and using her image without her permission.

It provides:

If Katherine Heigl makes a Duane Reade run and the drug store’s Twitter account proudly tweets a photo of her in the act (in a “celebrities run errands, too, and at our fine establishment!” kind of way), can she sue them for $6 million?

The answer: Yes, she can. And she did. And she has a case.

“Love a quick #DuaneReade run? Even @KatieHeigl can’t resist shopping #NYC‘s favorite drugstore ” the Duane Reade account tweeted on March 18 with a link to gossip site Just Jared, which ran a paparazzi photo of Heigl outside the store in New York City carrying two shopping bags.

It makes sense if you Read the rest of this entry »

The Age in Personal data exposed by ACCC security lapse reports on a privacy breach by the ACCC.

It provides:

Australia’s competition regulator has been hit with an embarrassing security lapse after its confidential email subscriber list was accidentally displayed on the internet.

The Australian Competition and Consumer Commission said Read the rest of this entry »

There has been a major alert and scare about a discovered flaw in OpenSSL cryptographic software library which is used by a large number of websites.  It is reported in Web security in doubt after discovery of ‘Heartbleed’ flaw and Newly discovered encryption flaw a ‘big deal’, say security experts.  It has also been reported in the Drum in somewhat apocalyptic terms in A civilisation built upon software isn’t safe, which provides:

Go onto the web to check your bank balance Read the rest of this entry »

The Washington Post reports, in A Facebook page of sneaky photos of women eating on the Tube creeps out London, on a strange Facebook Page which is devoted to surreptitious photographing of women eating on the London Tube and then posting them on Facebook (Women who eat on tubes). As idiotic as the concept is it is a page that has 19,000 followers.  The debate about the page revolves around mysogeny and eccentric and harmless fun or even art. One important issue is the privacy of those who have had their photos taken. In UK jurisprudence the Read the rest of this entry »

That drone technology has the potential to create problems almost as great as the significant benefits it brings to civilian use has been obvious for almost the outset.  In’River of blood’ after drone ‘hits’ Australian athlete the Age reports on a possible collision between a drone and an individual.  There are competing versions of events.  Whether someone was struck by a drone or not it matters little.  The reported incident highlights the increasing use of drones in the public space.  Drones purchased from hobby shops are inexpensive and operated by anyone who can stump up the cash. That is all it takes.  Putting a camera on a drone Read the rest of this entry »

Itnews reports in Experian investigated over data breach on a serious data breach at Experian.  The scope of the breach involves access to social security numbers of up to 200 million people.  Interestingly the focus of the investigation goes to whether there has been complience with data protection laws.  While the law is not directly analogous in Australia the Privacy Commissioner now has significant powers to investigate data breaches.  What does not exist yet is mandatory data breach notification laws.  Such a law almost passed in 2013.

It provides:

US law enforcement teams are jointly investigating a serious data breach involing a subsidiary of credit reporting firm Experian that exposed the social security numbers of some 200 million people to potential criminal activity.

The focus of the Read the rest of this entry »

I had the pleasure of attending a public lecture hosted by the Castan Centre on Surveillance and the right to privacy in a digital age  (see here) by Kenneth Roth, the Executive Director of Human Rights Watch.  It was a very useful overview of one of the biggest public policy issues relating to privacy, mass and untargeted surveillance.

Mr Roth has been active in the media in the last week and published an opinion piece in the Fairfax press, Privacy: rationales governments use to claim mass snooping is legal, which is a very interesting overview of the developments in privacy protections since Read the rest of this entry »

On 31 March 2014 the Australian Retail Credit Association (the “ARCA”) has applied to vary the Credit Reporting Code to extend from 5 days to 14 day grace period for repayment history to be classified as a missed payment.

The Privacy Commissioner is considering the application. It is unlikely that he will reject it.  It is a pro consumer amendment being sought by the ARCA.

The CR Code is found here

The Economist has taken a keen interest in drone technology of late and has had an abiding interest in technology.  Those two themes come together in Eyes in the skies which looks at the use of unmanned aerial vehicles by journalists.  The article also deals briefly with the privacy issues.

It provides:

THE news footage is striking: fires burn on the streets of Kiev; scorched banners flutter on buildings; madding crowds stumble through the chaos below. It is also strange: although aerial, it does not look as if it was shot from a helicopter. The camera flies right up to burning buildings; people on the ground so Read the rest of this entry »

One of the key issues with the interpretation of the Australian Privacy Principles is the extent to which organisations will need to keep up to date with data security protocols, programs and preventative methods to avoid a hacking attack.  The fact that an organisation is hacked does not mean, ipso facto, it has not complied with the APPs.  That said a breach Read the rest of this entry »