Hulk Hogan, Gawker and a big award for breach of privacy

March 19, 2016

Hulk Hogan has won his privacy suit against Gawker for publishing a video tape of him having sex with a friend’s wife.  It has been Read the rest of this entry »

The Office of Australian Information Commissioner creates national privacy consumer forum

March 16, 2016

The Office of the Australian Information Commissioner (“OAIC”) has announced the creation of a Consumer Privacy Network.  It is a forum of Read the rest of this entry »

Article on New South Wales Legislation Council recommendation in favour of a statutory right to privacy

March 15, 2016

Stay in one spot long enough and you will see Richard Ackland reheat an older article, add a paragraph here, lose one there and spruce it up with new photographs and hey presto another deadline met.  His latest Read the rest of this entry »

Massive data breach at Ofcom reveals the risk ofinsider threats

Data breaches by media and telecommunications companies are nothing new.  Particularly telcos.  In Australia, Optus and Telstra both have a dreadful record in protecting personal information.  Less often Read the rest of this entry »

NSW Legislative Council Committee recommends a statutory tort of privacy

March 6, 2016

The Standing Committee on Law and Justice has issued its final report relating to the serious invasion of Privacy in New South Wales.  The report is Read the rest of this entry »

Encryption and privacy and LGBT

February 23, 2016

The encryption debate did not begin or end with the FBI bringing action against Apple to compel it to crack open its operating system.  And it is not confined to that issue.  There have been Read the rest of this entry »

Employers using data to predict workers sickness

February 21, 2016

The Nasdaq reports, in Bosses Harness Big Data to Predict Which Workers Might Get Sick  that insurers and “Employee Wellness” firms are mining company employees’ data to predict whether and when they might be sick. That data includes the prescription drugs being used, where employees Read the rest of this entry »

Video surveillance recorders capable of being hacked

Another example of the internet of thing being prone to privacy breaches is the story titled Hard-coded password exposes up to 46,000 video surveillance DVRs to hacking of up to 46,000 internet accessible digital video recorders which can be taken over and controlled by hackers.  As the story Read the rest of this entry »

Jane Doe 464533 v N.D: Ontario Superior Court recognises the privacy tort of “publication of embarrassing private facts” arising out of revenge porn

February 19, 2016

The Ontario Superior Court of Justice in Jane Doe 464533 v ND (2016 ONSC 541) has expanded the tort of privacy to incorporate the publication of embarrassing facts.  It is a very significant decision and an advance in the development of the law of privacy, in Canada at least.  It is also a key case considering the egregious practice of revenge porn.  The commentary will be quite useful in the development of the tort in relation to this type of fact situation.

FACTS

The parties met while at high school and started dating while they were both in Grade 12.  They stopped dating but continued to see each other romantically throughout Read the rest of this entry »

The ongoing encryption and security debate escalates this time involving a court order and Apple

February 18, 2016

Internet service providers, technology based companies and businesses who rely on safe communication on line rely on encryption and security features are protective of their integrity.  There was plenty enough reputational blow back to go around several times when Read the rest of this entry »