Peter A Clarke

Breach of confidence actions involving personal information are more famously litigated in the United Kingdom.  Privacy related actions have developed and matured there while the action remains more tentative in Australia.  Or at least less developed.  That is not to say equity does not afford protection.  And that includes injunctive relief.  The Herald Sun reports in Suzie Wilks’ estranged husband Nick O?Halloran in court bid to prevent publication of top-secret letter about an injunction granted to a Mr O’Halloran by the Supreme Court last week.  There is no formal publication of any order or reasons for decision  according to Read the rest of this entry »

In How to Create Security Awareness in the Workplace American Express comes up with a reasonably good starter guide on how to approach developing a sustainable approach to data security.  The positive of the article is that it focuses on training and reviewing programs on a 90 day cycle.  The “set and forget” approach to data security is flawed and Read the rest of this entry »

The Privacy Commissioner has issued a statement about the Commonwealth Government’s data retention proposal.

In Australian Government’s data retention proposal — statement he Read the rest of this entry »

Now Australia has real, if potential, and, hopefully effective, enforcement provisions within the Privacy Act it is only for the Privacy Commissioner to take action.  He might have a look at Survey Monkey’s activities based on the contents of the Australian‘s article SurveyMonkey mines details for database. In the United States data mining has developed into a very profitable business which has morphed into a data broking industry.  That has caused the Federal Trade Commission serious concerns.  The Victorian Bar has used Survey Monkey Read the rest of this entry »

The Privacy Commissioner has released another educational video, How do I make a privacy complaint.  The You tube of the video is Read the rest of this entry »

The US National Institute of Standards and Technology has updated its guidance “Assessing Security and Privacy Controls in Federal Information Systems and Organisations Building Effective Assessment plans.”  Public comment is being sought by 26 September 2014.  It is a very influential document within the USA but also Read the rest of this entry »

A biting article at Techdirt on FBI dodging its obligations on rules regarding drone usage.  The FBI has not undertaken, or at least won’t reveal, a Privacy Impact statement on its use of drones according to FBI Refuses To Let Public Know How Its Drone Usage Affects Their Privacy.  Putting it into perspective there is Read the rest of this entry »

Curiously the Privacy Commissioner has today, 6 August,  published on the OAIC web site notice titled Consultation on the revised Guide to information security although it is dated Monday 4 August. Time must move more slowly in Canberra.

The statement consultation period closes on Wednesday 27 August 2014.  That is 3 weeks from today.  Given the nature and importance of the issues surrounding information security, what should constitute reasonable steps and the developments in both law overseas and technological advances (and otherwise) why such an abridged timetable is warranted is more than a little perplexing.

The Consultation draft is found here.

The Consultation Information is found Read the rest of this entry »

Reason reports in California Assembly Passes Bill Requiring Police to Get a Warrant for Surveillance Drones  that the lower house of the California legislature has passed a bill requiring police to obtain a warrant before using drones for a criminal investigation.

It provides:

The California Assembly has passed a bill that would require law enforcement agencies to obtain a warrant before using a surveillance drone as part of a criminal investigation. The bill specifically states: Read the rest of this entry »

The impact of the hack attack on Target and the resulting data breach late last year continues.  Itnew reports in  Retailer Target expects data breach to cost $148 million that apart from the reputational damage, executives resigning the cost of the data breach has been significant to the bottom line.

It provides:

The massive data breach of Target that was announced in December 2013 may end up costing the company $148 million, the retail giant announced on Tuesday.  Read the rest of this entry »