Peter A Clarke

In a recent interlocutory decision in the class action of Hemeon v South West Nova District Health Authority 2015 NSSC 287 relating to a dispute over discovery Justice Pickup rejected the defendant’s submission that the plaintiffs’ claim of a tort of intrusion upon seclusion in relation to unauthorised access to medical records was not recognised in Nova Scotia.  He said that the tort had been recognised implicitly in previous Nova Scotia decisions.

Decision

The result, the equivalent of Read the rest of this entry »

The ramifications of the massive data breach suffered by Sony Pictures Entertainment in November 2014 continues.   The theft and publication of embarrassing emails by Sony executives and the unauthorised release of Sony movies were the prominent stories from the leak.  However Read the rest of this entry »

For Australian organisations internal policies and training to avoid data breaches on line are generally inadequate where they exist at all.  That almost invariably translates into non compliance with the Privacy Act.  That has not phased organisations given the regulation of the Privacy Act has and continues to be anemic.  There is a poor culture of data protection.  That does not mean Read the rest of this entry »

The Article 29 Working party of the EU has announced that the US has until January 2016 to find a replacement of the US – EU Safe Harbour regime.  After that Read the rest of this entry »

The US Federal Government has finally taken action to regulate unmanned aircraft systems (UAVs), better known as drones.  The US Transport Secretary has announced the requirement that drones be registered in a release titled  U.S. Transportation Secretary Anthony Foxx Announces Unmanned Aircraft Registration Requirement.

The focus is Read the rest of this entry »

Drones pose an ongoing challenge for regulators and one that, in the US at least, can’t wait much longer.  So it is not surprising that the Federal Aviation Authority to take steps, with the use of technology, to detect drones near airports according to the FAA’s report titled FAA Expands Unmanned Aircraft Pathfinder Efforts.  The problem is Read the rest of this entry »

Slate has two stories which highlight the challenges and benefits of drone technology.  In  How Vermont Used Drones After a Train Derailment the benefits of using drones in investigations of accidents is apparent.  Drones can access places not safe for humans and take photographs or video from Read the rest of this entry »

The Telecommunications (interception and access)  amendment (data retention) Act 2015 (the “Data Retention Act”) comes into force today.  The political fight is over.  The issue is now operation, compliance and regulation.

The Attorney General issued a media release providing:

 The Government welcomes the commencement of the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 today. Read the rest of this entry »

The high profile conviction of Matthew Keys for assisting hackers break into the Los Angeles Times website and deface a headline highlights the need for organisations to maintain adequate controls and processes. Insider interference with cyber security is Read the rest of this entry »

Last month the European Aviation Safety Agency (EASA) has released a discussion paper titled Proposal to create common rules for operating drones in Europe in which it sets out 33 proposals for the use of drones. As is often Read the rest of this entry »