Peter A Clarke

Itnews reports in Experian investigated over data breach on a serious data breach at Experian.  The scope of the breach involves access to social security numbers of up to 200 million people.  Interestingly the focus of the investigation goes to whether there has been complience with data protection laws.  While the law is not directly analogous in Australia the Privacy Commissioner now has significant powers to investigate data breaches.  What does not exist yet is mandatory data breach notification laws.  Such a law almost passed in 2013.

It provides:

US law enforcement teams are jointly investigating a serious data breach involing a subsidiary of credit reporting firm Experian that exposed the social security numbers of some 200 million people to potential criminal activity.

The focus of the Read the rest of this entry »

I had the pleasure of attending a public lecture hosted by the Castan Centre on Surveillance and the right to privacy in a digital age  (see here) by Kenneth Roth, the Executive Director of Human Rights Watch.  It was a very useful overview of one of the biggest public policy issues relating to privacy, mass and untargeted surveillance.

Mr Roth has been active in the media in the last week and published an opinion piece in the Fairfax press, Privacy: rationales governments use to claim mass snooping is legal, which is a very interesting overview of the developments in privacy protections since Read the rest of this entry »

On 31 March 2014 the Australian Retail Credit Association (the “ARCA”) has applied to vary the Credit Reporting Code to extend from 5 days to 14 day grace period for repayment history to be classified as a missed payment.

The Privacy Commissioner is considering the application. It is unlikely that he will reject it.  It is a pro consumer amendment being sought by the ARCA.

The CR Code is found here

The Economist has taken a keen interest in drone technology of late and has had an abiding interest in technology.  Those two themes come together in Eyes in the skies which looks at the use of unmanned aerial vehicles by journalists.  The article also deals briefly with the privacy issues.

It provides:

THE news footage is striking: fires burn on the streets of Kiev; scorched banners flutter on buildings; madding crowds stumble through the chaos below. It is also strange: although aerial, it does not look as if it was shot from a helicopter. The camera flies right up to burning buildings; people on the ground so Read the rest of this entry »

One of the key issues with the interpretation of the Australian Privacy Principles is the extent to which organisations will need to keep up to date with data security protocols, programs and preventative methods to avoid a hacking attack.  The fact that an organisation is hacked does not mean, ipso facto, it has not complied with the APPs.  That said a breach Read the rest of this entry »

In 2009 the newly minted President of the United States, President Obama, spoke to some school children and cautioned them about what they put on Facebook.  It is reported by the Huffington Post in Obama On Facebook: “Be Careful What You Post”.

At that time  he said:

“Whatever you do,” he told them, “it will be pulled up later in your life.”

Prescient comments then and  equally applicable today, if not more so with Big Data and sophisticated algorithims. Advice that is not heeded by those who take selfies after sex, as reported in Why are couples taking #aftersex selfies? A spectacularly stupid practice at any age.

In the Age’s article Online: Parents urged to be careful with child-related information the issue covered relates to Read the rest of this entry »

Ars Technica reports in Philips Smart TVs wide open to Gmail cookie theft, other serious hacks regarding serious security flaws that could allow hackers to  steal information from attached USB sticks and pilfer authentication cookies which could give them access to Read the rest of this entry »

The collection of metadata is a growing area of concern for privacy practitioners, advocates and regulators.  Big data, with every more powerful computing power and more sophisticated algorithims, have Read the rest of this entry »

The Australian Law Reform Commission (the “ALRC”) has released its long awaited discussion paper on Serious Invasions of Privacy in the Digital Era (found here).

Submissions are due by no later than 12 May 2014.  That is a very short time frame given the size of the report, over 200 pages, and 47 recommendations.

The media release provides:

The Australian Law Reform Commission (ALRC) today released a Discussion Paper, Serious Invasions of Privacy in the Digital Era (DP 80, 2014). The Terms of Reference for this Inquiry ask the ALRC to consider the detailed legal design of a statutory cause of action and, in addition, other innovative ways the law might prevent or redress serious invasions of privacy.

The ALRC is Read the rest of this entry »

Facebook and privacy may not be antonyms as such but they often end up in separate camps. Slate in Facebook’s Privacy Dinosaur Wants to Make Sure You’re Not Oversharing reports on the curious development of Facebook is developing a privacy check up to avoid over sharing of personal information. As the article makes clear the motivations are not clear.  The high road explanation is Read the rest of this entry »