The Hong Kong Privacy Commissioner has announced that Read the rest of this entry »

The Court of Justice of the European Union (CJEU) has today published its decision in the case of František Rynešfound that domestic CCTV which films a public area Read the rest of this entry »

The hacking attack on Sony continues to wreak damage on both the brand but also its relationship with those with whom it does business, especially its stars. The immediate impact of the breach was the loss of intellectual property, films which were stolen and downloaded.  This cost Sony revenue.  The latest source of excruciating embarrassment is the leak of emails from Sony executives to producers about actors as reported in Sony hack: Angelina Jolie called a spoiled brat in leaked emails, and Nasty Exchanges and Insults and about its mistakes in movie making as seen in Leaked e-mails show Sony botching its Steve Jobs movie.  There seems to have been a very poor privacy framework behind the firewall.  With proper privacy engineering such a broad ranging attack on differing components of Sony’s cyberspace architecture.  Obvious questions are whether data was properly segmented so that different segmentts can be handled with different privacy, encryption adn security rules, what technical measures were in place to ensure only authorised access and use of data, what security measures were in place to detect unauthorised access, was there a pervasive risk management approach applied to ensure effective privacy engineering.

The article Sony Hack Read the rest of this entry »

The Privacy Commissioner has issued a statement titled Global privacy authorities urge app marketplaces to make links to privacy policies mandatory. The laxity in privacy protections and compliance with data protection laws, including proper privacy policies and consents have been a long standing concern.  The Federal Trade Commission has been active in Read the rest of this entry »

The development and increased use of unmanned aerial vehicles (drones) is an example of how while laws may delay the technology does not.  And as the gap between the regulation and the use, numbers and capacity of drones grows it will be the law that is found wanting and forced to change in a hurry. Which is usually a recipe for Read the rest of this entry »

After a surge in their use, followed by some criticism, the use of injunctions in the privacy/misuse of private information proceedings in the United Kingdom has been quite restrained in the last few years.  That such an order is available to the court is demonstrated in the recent decision of AMM v News Group Newspapers [2014] EWHC 4063 (QB) where the Court, per Stewart J, granted an injunction restraining News Group Newspaper from publishing private information.

FACTS

The Defendant is the publisher of the Sun on Sunday. The application for an injunction sought Read the rest of this entry »

Encryption of data, both in stored form as well as when transferered, is becoming a necessary part of proper data security.  It is Read the rest of this entry »

The Sony Hack demonstrates that the legal consequences of a breach of cyber security are but a mere tremor compared with the commercial losses not to mention the reputational damage to a major corporation.  Risk Based Securitym in  A Breakdown and Analysis of the December, 2014 Sony Hack has set out in detail the ever growing calamity of the hacking attack on Sony.  The impact of Read the rest of this entry »

Privacy professionals are waiting patiently to see how the Privacy Commissioner proposes to exercise his new found powers.  And patience is the watchword.  After 6 months he has issued a Regulatory Action Policy which, as the release notes, explains the powers available to the Commissioner.  Chapters 1,3,4,7, 8 and 9 of the Guide to the privacy regulatory action is in the consultation process.  Whether the Read the rest of this entry »

From a slow start the coverage of drones has moved into hyperdrive in the Australian media.  It is as if the technology has suddenly “landed” in our midst ( I have been posting on the technology and its impact on law for years, here, here, here, here, here, here, here and here for example). But it is good to see some reasonable coverage.   The Fairfax press has two large pieces, the first being in the Age with Law enforcement drones: Privacy concerns v public safety and NSW Police to trial unmanned drones while the Australian Financial Review (behind the pay wall) From Tiger Moths to toy stores: how drones have taken off  and  Game of drones: business is toying with them and Santa is too

 The regulation of drones is all about air safety and where and how they may be flown.  Very little about Read the rest of this entry »