Peter A Clarke

Proper enforcement by privacy regulators is critically important to establishing a culture of privacy compliance.  There are also strong public policy reasons to ensure that the privacy laws are not ignored.  The Federal Trade Commission in the United States has been quite assertive in using the limited powers it has to ensure that businesses do not mislead on privacy protections used or privacy enhancing products that are sold.  The UK Information Commissioner’s office has also been quite rigorous in taking action for privacy breaches.  Unfortunately the Australian Privacy Commissioner has adopted an entirely different approach.  He has been restrained to the point of timid.  Perhaps worse When action has been taken the outcome has been anaemic.

The ICO has fined the Money Shop the swinging sum of £180,000 for loss of data due to Read the rest of this entry »

There are few constants in the privacy sphere in Australia.  One is a privacy breach by a telco.  When it comes to privacy breaches telcos are frequent fliers. Itnews reports in Sensis publishes hundreds of silent numbers online on residential customers having their unlisted numbers published in the White pages online.  Last October the Privacy Commissioner Read the rest of this entry »

The UK Supreme Court has granted Google leave to appeal the Court of Appeal’s decision in Google v Vidall Hall & ors.  The Court of Appeal decision is a significant advance in the development of the privacy related actions, from Read the rest of this entry »

The Privacy Commissioner in its Privacy Business Resource 11: Telecommunications service providers’ obligations arising under the Privacy Act 1988 as a result of Part 5-1A of the Telecommunications (Interception and Access) Act 1979 relating specifically to data retention.

It Read the rest of this entry »

The Privacy Commissioner has released the Business Resource 10, regarding compliance by small business with the Privacy Act.

It is found here. A useful resource Read the rest of this entry »

The Australian Financial Review in Gina Rinehart mounts privacy claim against Channel Nine that Ms Rinehart is seeking to bring a privacy related action against Read the rest of this entry »

Notwithstanding the critical importance of privacy in the health there remains chronic problems with maintaining proper data security in the sector. The BBC story East Sussex NHS Trust apologies over data breach which reports that in the UK a USB stick containing personal information collected by the National Health Service which was found by a member of the public.   Meanwhile in New Zealand, according to Swift apology after mental health privacy breach, a mental health support group revealed the email addresses of hundreds of people with anxiety disorders.  Poor data management is at Read the rest of this entry »

The Australian Law Reform Commission has looked into it twice, the New South Law Reform Commission once, the Victorian Law Reform Commission once and a House of Representative Committee and that of the Victorian Legislative Assembly has endorsed it.  Yet there is another pressing Read the rest of this entry »

As the Board of Target USA will attest, or those that remain, making sure suppliers have adequate cyber security controls are critical in maintaining a proper data security system.  Target’s massive data breach was instigated from a third party site which had poor data security. Businesses work their suppliers on line as much as in person.  And that interconnection is growing not subsiding.  According to a recent survey by an insurance broker Marsh, titled UK 2015 Cyber Risk Survey Report less than one in three companies surveyed review their suppliers cyber protection, or more accurately their exposure to a data breach.  This raises compliance issues for Read the rest of this entry »

The Privacy Commissioner has announced an investigation into the widely reported likely breach of iiNet.  Notably the breach occurred during the period in which the Privacy Commissioner has enhanced powers, that is after 12 March 2014. The sanctions can be significant, including Read the rest of this entry »