Yesterday in Pippa Middleton & anor v Person Unknown or Persons Unknown [2016] EWHC 2354 (QB)  Mrs Justice Whippie continued an injunction made on 24 September 2016 prohibiting the publication of photographs hacked from Pippa Middleton’s iCloud account.  The media reports that Read the rest of this entry »

The Supreme Court in Pekell Delaire Holdings Pty Ltd v Bendigo and Adelaide Bank Limited [2016] VSC 570 considered a statutory demand where a key issue was the effect of settlement of group proceedings acting as a bar to a claim of a genuine dispute to a statutory demand.

FACTS

In July 2006 the applicant, Pekell Delaire Holdings Pty Ltd (“PDH”)  applied to Great Southern Plantation Projects for two grove lots in the Great Southern Organic Olives Income Project and  four vine lots in the Great Southern Wine Grape Income Project with associated applications for term finance. Finance was approved and funds were advanced on the basis of repayment in seven years of principal and interest. The loans were subsequently assigned and ultimately transferred to Bendigo [6] Read the rest of this entry »

The Federal Court per Murphy J in Furnari v Ziegert [2016] FCA 1080 considered the unusual application for injunctive relief arising out of a defamation action.  The decision is notable for its consideration of section 7 of the Telecommunications (Interception and Access) Act 1979 (“TIA Act”).

FACTS

The applicant purchased a pedigree bobtail Doberman pup from the respondents for $3,500 in December 2015. He said that Ms Ziegert represented that the pup could breed, was a natural bobtail, had been checked by a veterinarian, didn’t have Von Willebrand disease and weighed between 9 and 10 kg.  Upon taking delivery of the pub he said it had been sterilised, was diseased, weighed only 4.5 kg, was unhealthy and, as if that wasn’t enough, was not a natural bobtail.  Not surprisingly the applicant alleged misrepresentations by the respondents [7] which is the subject of a proceeding in the Victorian Civil and Administrative Tribunal  [8].

The dispute escalated into a defamation proceeding. His Honour summarised the circumstances  as: Read the rest of this entry »

Today ACMA released its Privacy Guidelines for broadcasters. It is more accurate to state that it has revised its existing guidelines.

The media release provides:

The ACMA’s Privacy guidelines for broadcasters help broadcasters and members of the public better understand the operation of the privacy provisions in the various broadcasting codes of practice. The guidelines provide an overview of how the ACMA assesses complaints by listeners or viewers that allege breaches of the privacy provisions in the codes. Read the rest of this entry »

The New South Wales Attorney General has released the Government’s response to the Legislative Council’s report on remedies Remedies for the Serious Invasion of Privacy in New South Wales.

It is a timid and disappointing document.

The overall response relevantly states:

The NSW Government acknowledges the work of the Legislative Council Standing Committee on Law and Justice (LC Committee) in producing its report, Remedies for the serious invasion of privacy in New South Wales, on 3 March 2016 and the particular focus of the inquiry on the non­ consensual sharing of intimate images, commonly referred to as ‘revenge porn’.1 Read the rest of this entry »

Health records are a particularly popular target of hackers who use ransomware to extract quick payment. Hospital records are self evidently critical in patient care.  Hospitals are notorious for their poor data security practices.  That is a function of a culture resistant to implementing modern data security practices, a large number of staff accessing records and emails and generally poor security protocols and even worse Read the rest of this entry »

Technology has no morals or ethics.  It is the operators of the technology who have those.  Or don’t. Commonly enough the law, which restrains or otherwise regulates behaviour, falls far beyond the technology.  That is clear from the operation of airborne surveillance.  While intercepted telephone conversations and bugging of physical locations require a warrant, no such restriction applies to planes, drones and other forms of lighter than air vehicles photographing images and recording conversations.

In The Sneaky Program to Spy on Baltimore From Above the Atlantic reports on a practice undertaken by Baltimore police to record Baltimore residents by means of 4 – 6 cameras fixed to a plane flying overhead.  The images taken were stored for future use. The police force did it without notifying even the City Government because it used a private company with private funding. Wired in How Baltimore Became America’s Laboratory for Spy Tech   covers similar territory but goes so much further in showing how a police department without restraint can use technology to the point of giving dystopia a physical address, Baltimore Maryland.

In another setting it would be a fairly standard Read the rest of this entry »

The Australian Privacy Commissioner has taken action against Ashley Madison data breach in July 2015 was a sensation.  As has the Canadian Privacy Commissioner.  They have released joint findings.  Joint findings are found here.

It is likely to be an influential findings as the combined report does undertake a detailed analysis of both the facts and the expectations under the various privacy principles.  Given the dearth of authorities this will provide valuable guidance.

As with many data breaches/interference with privacy complaints followed up by regulators the initial cause of the breach/interference gives rise to a broader investigation which almost invariably highlights deficiencies in compliance throughout the organisation.  It is commonly the case that a breach of security has many causes; out of data software protection, poor protocols, inadequate staff training, excessive data retention far beyond the date when it is usable or relevant to the organisations operations and a lack of understanding as to identity verification.

Ashley Madison, or more accurately its corporate entity Avid Life Media Inc (“ALM”), entered Read the rest of this entry »