Peter A Clarke

Further  to the earlier post, the worldwide ransomware attack on computer systems that did not properly patch their Microsoft systems has hit Australian shores.  In First Australian business infected in global cyber attack the Fairfax press reports on the first formally acknowledged hack.  The number of computers affected by the virus has Read the rest of this entry »

Ransomware attacks are hardly a new phenomana.  In internet terms it is a middle aged form of malware.  I have been writing about it for some years (see here, here, here, here, here, here and here for example).

Courtesy of a Microsoft vulnerability, hackers using the WannaCry ransomware have attacked thousands of locations throughout the world. At this stage there have been 75,000 attacks across 99 countries.  Organisations which did not apply a patch Microsoft released in March were vulnerable.  Unlike most ransomware Read the rest of this entry »

The Victorian Legislative Council passed the Freedom of Information Amendment (Office of the Victorian Information Commissioner) Bill 2016 yesterday.

The Act represents a significant restructure Read the rest of this entry »

Website flaws are a real problem for organisations.  Particularly where those flaw allow personal information to be viewed by non authorised personal.  In Website Flaw Let True Health Diagnostics Users View All Medical Records  a function Read the rest of this entry »

The Productivity Commission’s long running investigation into data use gave rise to a very significant interim report.  Yesterday the Productivity Commission publicly released the final report it provided to the Government on 31 March 2017.  The final report, a behometh at over 658 pages, is found here while the overview, not exactly a slim lined edition at 76 pages, is found here.

This is a very thoughtful and comprehensive report, even for those who do not agree with all of the methodology and the recommendations.  The Productivity Commission is recommending Read the rest of this entry »

Revenge porn or its new iteration “image based abuse” has been a feature of the internet for some time.  Social media and platforms in countries with no credible regulation has provided perpetrators with effective and vicious means to humiliate and harm those who were naive, foolish or simply unfortunate enough to have their images in the possession of others.  It is not a new problem.  Victoria  criminalised that conduct by creating the new offences of distribution of an intimate image, section 41DA, and threat to distribute an intimate image, section 41DB, under the Summary Offences Act 1966. Sexting is defined as “the creating, sharing, sending or posting of sexually explicit messages or images via the internet, mobile phones or other electronic devices”.  South Australia has similar laws with sections 26B and 26 C of the Summary Offences Act 1953 (SA).  
Read the rest of this entry »

In France prosecutions can be brought for invasion of privacy.  The trial of 6 individuals has just commenced for invasion of privacy and complicity.  The defendants include Read the rest of this entry »

Facial recognition technology using algorithims and artificial intelligence pose both legal and societal problems on an increasing level. The technology has not reached the potential its advocates, particularly of the law and order hue, have stated (leading to some very unfortunate outcomes of misidentification), but are moving in that direction.  This was highlighted last year in Fortune with a Our Facial Recognition Nightmare Is Upon Us, the Intercept with Read the rest of this entry »

The Australian Federal Police have self reported on a data breach involving a journalist’s metadata.  The breach was accessing the data without first obtaining a warrant  It is reported by the Fairfax press at Police illegally obtained journalist’s phone records under new metadata retention regime and the Guardian at Federal police admit to accessing journalist’s metadata without a warrant.  The ABC reports on it at AFP officer accessed journalist’s call records in metadata breach.

There was always a problem with the journalist exception in the  Telecommunications (Interception and Access) Act 1979.   The exception was Read the rest of this entry »

Privacy practitioners have known for some time that drone technology’s rapid development has been impacting the privacy of individuals at an increasing rate.  The common law is quite moribund and completely inadequate to meet the challenge.  The legislation, such as there is, is Read the rest of this entry »