The Supreme Court considered an urgent application for an interlucotury injunction in a privacy related matter in Candy v Bauer Media Limited [2013] NSWSC 979. The urgent application was made on 20 July 2013 with the decision made and reasons published that same day.

FACTS

The plaintif, Holly Rachel Candy, is better known in Australia by her Maiden Name, Holly Valance.  Sometime Soapie star who later developed a musical, and occasional movie, career.  Now a celebrity in the UK married to a wealthy businessman.  For those consumers of gossip magazines and celebrity websites this is almost trite.  Nevertheless it is not knowledge that would be regarded as notorious and it does not seem to have made its way into the affidavit material with his Honour stating:

1. The plaintiff is an actress. She is an Australian Read the rest of this entry »

Practice Note CM 17 released on 1 August 2011, taking effect on 9 October 2013.  It is found here. It is identical to the revoked CM 17.  Both notes are identical except regarding the Opt Out Notice, Form 21.  The media release explains the changes as

On 9 October 2013 the Chief Justice revoked Approved Form 21 – Opt Out Notice approved for the purposes of the Federal Court Rules 2011. At the same time he approved a revised version of this form.

The amendment to this form inserts an address to which the completed form should be sent

The practice note provides:

1.  Introduction

1.1   This Practice Note Read the rest of this entry »

There are a few things predictable in the world; death, taxes and Read the rest of this entry »

Today the Office of the Australian Information Commissioner released the report on a survey conducted on the community attitudes to Privacy.  The survey itself can be found here.  The  pdf version of the report can be found here.

The Section 4, containing the detailed findings, provides:

4.0 Detailed findings

This study of community attitudes to privacy covered a number of key areas, namely:

• awareness of Federal privacy laws
• general attitudes towards privacy and personal information
• privacy problems Read the rest of this entry »

The ALRC released its issues paper Serious Invasions of Privacy in the Digital Era today.The closing date for submissions is 11 November 2013.  I am sure there is no symbolism in it being Armistice Day or, as known in France, the Day of Dupes (or the anniversary of Ned Kelly’s execution).  It is found here.

The media release (found here) provides:

The Australian Law Reform Commission (ALRC) today released the Issues Paper, Serious Invasions of Privacy in the Digital Era(ALRC Issues Paper 43, 2013), to begin the consultation process for Read the rest of this entry »

In November 2012 a consultant psychiatrist lost a bag while riding home.  Disappointing and frustrating no doubt but in and of itself normally nothing dramatic there.  Except if the bag contained sensitive personal data.  A consultant psychiatrist working for the Cardiff and Vale University Health Board did just that.  And for these troubles it has been the subject to an undertaking from the Information Commissioner’s Office.

The press release provides:

The Information Commissioner’s Office (ICO) has issued Cardiff and Vale University Health Board with an undertaking following a breach of the Data Protection Act. 

The breach occurred Read the rest of this entry »

Itnews reports in Vic Govt moves onto privacy, security phase of ICT plan that the Victorian Government is Read the rest of this entry »

On 27 September 2013 the Privacy Commissioner issued Guidelines for recognising external dispute resolution schemes under section 35A of the Privacy Act 1988.  It is part of the Privacy Commissioner’s roll out of guidelines, codes and policies in anticipation of the amendments to the Privacy Act coming into effect on 12 March 2014. It is very commendable and entirely appropriate.  The real test is the approach the Privacy Commissioner takes once he is armed Read the rest of this entry »

Last Friday the Privacy Commissioner issued guidelines under Part IIIB of the Privacy Act.  The document is Guidelines for developing codes.

It provides, absent introduction and annotations:

Key terms

The following terms used in these Guidelines are defined in s 6(1) of the Privacy Act 1988 (Privacy Act):

Agency; APP code developer; APP entity; credit provider; credit reporting body; credit reporting complaint; CR code developer; entity; personal information

The following terms used in these Guidelines are also defined in the Privacy Act (other than in s 6(1)):

APP code has the meaning given in s 26C of the Privacy Act

Australian Privacy Principles is defined Read the rest of this entry »

The Privacy Commissioner issued a press release and guide for mobile app developers.

The press release provides:

With 6 in 10 Australians choosing not to use a smartphone app because of concerns about the way personal information would be used ^[1], the Guide will assist mobile app developers to embed better privacy practices into their products, and to comply with Australian privacy law.

The Australian Privacy Commissioner, Timothy Pilgrim, said the growing app industry presented both Read the rest of this entry »