Peter A Clarke

The great imponderable with drones is not whether they are going to have a huge impact on commerce but rather on what areas of commerce and how quickly.  In 2010 the US Federal Aviation Authority in its Aerospace Forecast for the Fiscal Year 2010 – 2030 predicted:

However as the technology matures, increasing numbers of units will be operated by civil and commercial users, and could have greater impacts on the NAS. However the volume of units is relatively small – approximately 15,000 units by 2020 and 30,000 units by 2030

Woops! On 26 September 2015 the Economist reported that more than 15,000 are sold in the USA every month and the number of drones sold world wide this year will exceed Read the rest of this entry »

It is not common for a Government to highlight privacy concerns about technology, particularly regarding law and order technology.  Usually privacy and data protection is an afterthought. The Canberra Times reports Read the rest of this entry »

It is trite to say that Government agencies collect huge amounts of personal data.  Often that data is compelled.  Taxation information falls into that category.  Accordingly it is critical that government agencies properly protect that data and have proper systems to avoid fraud through identity theft.  The Fairfax press highlights the latter problem in Cyber thieves target tax time,  Identity fraudsters attack Tax Office at least 11,000 times in one year and Sydney nurse demands answers after twice being victim of tax refund fraud. The problem appears to be systemic but the real twist is which system.  Personal information stolen from a private organisation and then used to attempt to draud the Commonwealth is not a data security problem of the ATO.  It is however a fraud prevention issue for the ATO.  At that point the individual whose personal information is being misused is caught in the middle.

In some of the states privacy structures are fairly rudimentary.  There is no proper privacy legislation and regulator in South Australia and West Australia for example. The West Australian auditor has highlighted in a report (found here) the woeful state of privacy protection in WA, as Read the rest of this entry »

The Guardian reports in World’s biggest tech companies get failing grade on data-privacy rights that Google and Facebook amongst others according to Ranking Digital Rights project.  It is also Read the rest of this entry »

Always read the privacy policy.  Step 1 of  privacy practice.  Not that things remain constant.  Just look at the changes to the Facebook privacy settings.  A change to a privacy Read the rest of this entry »

Encryption is a key part of data security.  A realistic assumption is that at some stage even with the best of planning, up to date programs and proper training there will be a data breach.  A slip by an employee in leaving a USB on a bus, infiltration through a compromised third-party with access to the site or a fault that is not detected in time can all lead to a breach.  Encryption is then an important part of any data security plan.  Privacy regulators support Read the rest of this entry »

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 »

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 »