Peter A Clarke

Bernstein of Leigh v Skyviews & General Ltd [1978] 1 QB 479 is generally regarded as authority for the proposition that overhead flight which does not affect the use of land does not commit a trespass when flying over it.  Put another way the rights of a landowner in the airspace above that person’s land is restricted to such a height necessary for the ordinary use and enjoyment of the land and the structures upon it and above that height the landowner has not greater rights than the general public. The proposition is Read the rest of this entry »

Telechoice has entered into an enforceable undertaking with the Privacy Commissioner arising out of a significant data breach Business Service Brokers Pty Ltd (ACN 069 049 994) (trading as TeleChoice) (“BSB”).

The Undertaking is found here.

The Undertaking stated Read the rest of this entry »

Banks and other financial institutions are generally quite good at securing documentation and complying with privacy regulations.  Banking confidentiality obligations in equity long preceded data protection laws.  Confidentiality is also a cornerstone of a relationship between customers and the institution.  When there is a breach it is Read the rest of this entry »

The Talk Talk breach has had knock on effects, none good for TalkTalk Breach.  The regulator, the Information Commissioner’s Office, has become involved.  The ICO issued a release stating:

“The ICO is aware of this incident, which was reported to us on Thursday afternoon. We will be making enquiries and liaising with the Police.

“Any time personal data is lost there can be a risk of identity theft. There are measures you can take to guard against identity theft, for instance being vigilant around items on your credit card statements or checking your credit ratings. There are tips and information about identity theft available on our website.”

The ICO will no doubt be Read the rest of this entry »

It has long been known by experts in the field of data security and privacy professionals that telecommunications companies and internet service providers are regular targets for cyber criminals.  Telcos hold considerable financial details of their customers and detailed personal information.  With the new data retention laws in place in Australia the attraction of Australian telcos for cyber attack will only grow.

The UK company Talk Talk, a phone and broadband provider with over 4 million customers in the UK has had a major data breach as reported by the BBC in TalkTalk cyber-attack: Website hit by ‘significant’ breach and TalkTalk customer data at risk after cyber-attack on company website.   As is often Read the rest of this entry »

The Office of the Australian Information Commissioner website has been upgraded.  It is far more user friendly.

The announcement is Read the rest of this entry »

The Federal Aviation Authority’s plan to register all drones is not a bad one.  Quite logical in fact.  Drone use will grow not diminish with time. Their capabilities will grow not diminish. The payload is increasing.  For those mounting cameras or videos the quality of the video (and audio for that matter) is improving.  The line of sight requirement will be a thing of the past for those who choose to pre program flight paths, something that happens already.  The battery life is improving and some models have the capability of changing batteries mid flight.  All of this adds up to Read the rest of this entry »

The ABC reports in Hundreds could be victim of identity theft scam targeting Medicare system, estimates hears that a scam aimed at defrauding the Commonwealth may have privacy implications.  Identity theft is Read the rest of this entry »

On Saturday 10 October 2015 in J.P.H v X.Y.Z [2015] EWHC 2871 the High Court, Queens Bench Division, per Justice Popplewell granted a non disclosure order restraining the publication of images and information in a revenge porn case.

Facts

JPH is described as a successful professional actor who Read the rest of this entry »

The US Supreme Court in KYLLO v. UNITED STATES found that the use of a thermal imaging van to scan a building to determine whether the heat emanating from it was consistent with lamps used for cultivating marijuana indoors constituted a search under the Fourth Amendment which required a warrant.  The Court held:

Where… the Government uses a device that is not in general public use, to explore details of a private home that would previously have been unknowable without physical intrusion, the surveillance is a Fourth Amendment “search,” and is presumptively unreasonable without a warrant

According to the Atlantic in The NYPD Is Using Mobile X-Ray Vans to Spy on Unknown Targets the New York City Police Department is using military vans to look through walls and sides of trucks.  How this does not fall into the same category of warrantless search will be interesting to see.

Just because Read the rest of this entry »