On 17 October 2012  Jon Faine undertook a forum on privacy.  The web page is found here.

The page provides Read the rest of this entry »

The Singaporean Parliament has passed a Personal Data Protection Act.

One feature of the Bill is the establishment of the Personal Data Protection Commission. It will be responsible for promoting awareness of data protection in the country, and administering and enforcing the law. It’s powers would include being able to fine businesses up to SIN$100,000 for obstructing its performance of duties. Businesses that falsify personal data records, or information regarding the collection, use or disclosure of personal data, will face fines of up to SIN$50,000.

Under the new law Read the rest of this entry »

In Norman South Pty Ltd & Anor v da Silva [2012] VSC 477 the Victorian Supreme Court considered the operation of a confidentiality clause and a claim for breach of confidence relying upon the principles set out in Giller v Procopets (misuse of private information).

FACTS

Dr Geoffrey Edelsten (“Edelsten”), the second plaintiff, and Ms Stacey da Silva (“da Silva”) met on the internet site www.sugardaddy.com.  They met on line, spoke by phone and met in March this year in Florida, USA [2]. Edelsten through the 1st plaintiff transferred $US5,000 to the defendant.  The plaintiffs claim the money was a loan paid pursuant to an agreement which had a confidentiality clause which provided:

The contents of this Agreement and any dealings including emails, texts or any other form of communication between Ms da Silva and Norman South Pty Ltd, and/or Geoffrey Edelsten, will remain confidential and shall not be divulged unless Norman South Pty Ltd and Geoffrey Edelsten waives this right by provision of a dispensation in writing.

The Defendant initially argued that the money was a gift however after cross examination of de Silva her counsel conceded the existence of an agreement [4]. The issue at final submission was whether the loan agreement contained the confidentiality agreement as alleged.

The plaintiffs pleaded a breach of contract and the equitable claim of a breach of confidence [5].  They sought damages, Read the rest of this entry »

The Age in Europe puts Google on privacy notice and Google’s privacy policy under fire and ZDnet in Google must review privacy policy, EU data regulators rule report on privacy regulators concerns about Google’s very wide privacy policy and its weak consent provisions.   This is on top of German prosecutors prosecuting Google for collection of Wi FI data by its street view cars (see Google Street View criminal case facing decision time in Germany).

The difference between the European approach to such egregious breaches of privacy as Google collecting Wi Fi data and Read the rest of this entry »

On Monday the Australian, per Troy Bramston in Ministers firming on media direction gives his view on where the Government is going with media regulation.  It is an easy informative read, with a breathless quality describing internal ructions within Cabinet. A piece clearly written by someone who is being briefed from the inside rather than a work of painstaking investigative reportage.  It is quite interesting and informative.  Up to a point.  Bramston’s analysis Read the rest of this entry »

Yesterday the 2011 – 12 annual report of the Office of the Privacy Commissioner was tabled in Parliament.  It is found here.

It provides for somber reading on the number of privacy complaints.  Some of the findings are:

• there were 109 complaints Read the rest of this entry »

The Victorian Court of Appeal in 360 Capital Re Limited v Watts & Ors [2012] VSCA 234 dismissed an appeal from a decision in Watts & Watts & Ors v 360 Capital Re Limited & Anor [2012] VSC 320 which held modifications to the 360 Capital Fund’s constitution were invalid for want to compliance with section 601GC(1)(b) of the Corporations Act 2001 (the “Act”).

FACTS

The 360 Capital Industrial Fund (“360 Capital”) is a managed investment scheme under Chapter 5C of the Act. There are 180.63 million units in the Fund. The Constitution of the Fund relevantly provides, at [4] :

1) Clause 5.1(a): The Trustee could only issue units in accordance with clause 5 and subject to the Constitution.

2) Clause 5.2(a): The Trustee could not grant Options unless the Trust were Listed.

3) Clause 5.4: New Units were required to be issued at a price determined in accordance with clause 5.4.

4) Clause 13.5(a): An Option did not confer on the Optionholder any interest in the Fund.

On 31 May 2012 the directors of 360 Capital executed a Supplemental Deed Poll which Read the rest of this entry »

The Age has run a series of articles on privacy, mostly highlighting invasive practices.  Not so much in the privacy reform area.  Until now.  In Until privacy laws protect us, every move will be watched, the President of the Law Institute Michael Holcroft has weighed in with an article calling for greater privacy protections.  The Law Institute has been an active participant in the debate, providing excellent high quality submissions.

It is worth a detailed review.

Governments should do more to ensure we can mind our own business.

YOU might think you’re going about your day minding your own business, but people are watching. They are not just watching you, they are watching all of us, creating, as David Vaile, the Australian Privacy Foundation vice-chairman describes it, a ”honey pot” of data open to potential abuse.

Have a think about how our privacy can be invaded in the course of a normal day.

We get up in the morning, log on to our favourite website to check news and weather; our IP provider has a record. Read the rest of this entry »

The Australian newspaper has consistently opposed the concept of a statutory right to privacy.  It has been very open about that.  That is fair enough. It is not an issue with only one legitimate viewpoint.  But it is better if any commentary on the issue is logical and factual.  On Friday Associate Professor Ainslie Van Onselen penned an opinion piece, The push for a tort is misguided and wrong.  It is found here (behind the pay wall).  It  is not the best contribution to the debate being in the main a polemic and in places wrong. It does however warrant a detailed response.

It provides (with my response where appropriate):

Recent reports indicate that there may be some development in a statutory tort of privacy being considered.

FEDERAL cabinet has had a sudden rush of blood to the head if reports this week are correct that it is to consider enacting a statutory tort for invasion of privacy.

Does the issue arise out of the February Finkelstein report into the media and regulation? No.

Given that it was September last year when a discussion paper on the statutory right of privacy was released and the responsible Minister, Brendan O’Connor discussed this on AM on Thursday 21 July 2011 it is hardly a new matter or Read the rest of this entry »

The Age ran an interesting piece on privacy and myki usage yesterday in Police handed data on myki users.

It provides:

Victoria’s public transport authority is increasingly handing over information about myki users’ movements to police, raising concerns that the smartcard is being used as a tracking device.

The Transport Ticketing Authority says police have made 113 requests about myki users since the smartcards were introduced in late 2009.

There have already been 71 requests for customer movements this year, more than three times the number of requests received last year.

Under the TTA’s privacy policy, police can make a written request for information about a customer’s movements without court oversight.

The policy states that personal information about myki customers will be handed to police when ”an authorised police officer certifies in writing that the disclosure is reasonably necessary for the enforcement of the criminal law”.

TTA chief executive Bernie Carolan said police were handed information only when justified. ”Strong privacy controls are maintained at the TTA and any release of data to, for example, the police is only granted when sufficient justification is given. Release of the data is always approved by TTA senior management,” he said.

The reusable Read the rest of this entry »