OAIC website upgraded

October 23, 2015

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 push back on the US Federal Aviation Authority plan to register drones

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 »

Identity theft scam hits Medicare, investigation as to whether personal information accessed

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 »

UK High Court issues injunction in revenge porn case: J.P.H v XYZ

October 22, 2015

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 »

Police use of X ray vans in New York and privacy

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 »

Supreme Court of Nova Scotia implicitly recognises the tort of seclusion in that provinces common law

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 »

Sony pays $11 million to settle hacking lawsuit by current and former employees

October 21, 2015

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 »

Article on what to do to avoid a cyberattack

October 20, 2015

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 »

EU gives the US until the end of January 2016 to find a replacement of the Safe Harbour regime

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 »

US Transportation Secretary announces requirement to register drones

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 »