The Age in Europe puts Google on privacy notice and Google’s privacy policy under fire and ZDnet in Google must review privacy policy, EU data regulators rule report on privacy regulators concerns about Google’s very wide privacy policy and its weak consent provisions.   This is on top of German prosecutors prosecuting Google for collection of Wi FI data by its street view cars (see Google Street View criminal case facing decision time in Germany).

The difference between the European approach to such egregious breaches of privacy as Google collecting Wi Fi data and Read the rest of this entry »

On Monday the Australian, per Troy Bramston in Ministers firming on media direction gives his view on where the Government is going with media regulation.  It is an easy informative read, with a breathless quality describing internal ructions within Cabinet. A piece clearly written by someone who is being briefed from the inside rather than a work of painstaking investigative reportage.  It is quite interesting and informative.  Up to a point.  Bramston’s analysis Read the rest of this entry »

Today the World Today, on ABC radio, had a long and quite in depth discussion involving David Vaile, Timothy Pilgrim and Ashley Hall on privacy issues.  It covered well trod ground but it is nevertheless a worthwhile analysis. It is found here.

It provides:

ASHLEY HALL: In the past few weeks, the notion of privacy has been at the forefront of several stories making news.

The publication of obscene text messages exchanged between the former speaker Peter Slipper and his staffer, James Ashby has many people wondering what would be the consequences, if their own messages were made public.

As well, privacy concerns have been raised Read the rest of this entry »

Yesterday the 2011 – 12 annual report of the Office of the Privacy Commissioner was tabled in Parliament.  It is found here.

It provides for somber reading on the number of privacy complaints.  Some of the findings are:

• there were 109 complaints Read the rest of this entry »

The Victorian Court of Appeal in 360 Capital Re Limited v Watts & Ors [2012] VSCA 234 dismissed an appeal from a decision in Watts & Watts & Ors v 360 Capital Re Limited & Anor [2012] VSC 320 which held modifications to the 360 Capital Fund’s constitution were invalid for want to compliance with section 601GC(1)(b) of the Corporations Act 2001 (the “Act”).

FACTS

The 360 Capital Industrial Fund (“360 Capital”) is a managed investment scheme under Chapter 5C of the Act. There are 180.63 million units in the Fund. The Constitution of the Fund relevantly provides, at [4] :

1) Clause 5.1(a): The Trustee could only issue units in accordance with clause 5 and subject to the Constitution.

2) Clause 5.2(a): The Trustee could not grant Options unless the Trust were Listed.

3) Clause 5.4: New Units were required to be issued at a price determined in accordance with clause 5.4.

4) Clause 13.5(a): An Option did not confer on the Optionholder any interest in the Fund.

On 31 May 2012 the directors of 360 Capital executed a Supplemental Deed Poll which Read the rest of this entry »

The Age has run a series of articles on privacy, mostly highlighting invasive practices.  Not so much in the privacy reform area.  Until now.  In Until privacy laws protect us, every move will be watched, the President of the Law Institute Michael Holcroft has weighed in with an article calling for greater privacy protections.  The Law Institute has been an active participant in the debate, providing excellent high quality submissions.

It is worth a detailed review.

Governments should do more to ensure we can mind our own business.

YOU might think you’re going about your day minding your own business, but people are watching. They are not just watching you, they are watching all of us, creating, as David Vaile, the Australian Privacy Foundation vice-chairman describes it, a ”honey pot” of data open to potential abuse.

Have a think about how our privacy can be invaded in the course of a normal day.

We get up in the morning, log on to our favourite website to check news and weather; our IP provider has a record. Read the rest of this entry »

The Australian newspaper has consistently opposed the concept of a statutory right to privacy.  It has been very open about that.  That is fair enough. It is not an issue with only one legitimate viewpoint.  But it is better if any commentary on the issue is logical and factual.  On Friday Associate Professor Ainslie Van Onselen penned an opinion piece, The push for a tort is misguided and wrong.  It is found here (behind the pay wall).  It  is not the best contribution to the debate being in the main a polemic and in places wrong. It does however warrant a detailed response.

It provides (with my response where appropriate):

Recent reports indicate that there may be some development in a statutory tort of privacy being considered.

FEDERAL cabinet has had a sudden rush of blood to the head if reports this week are correct that it is to consider enacting a statutory tort for invasion of privacy.

Does the issue arise out of the February Finkelstein report into the media and regulation? No.

Given that it was September last year when a discussion paper on the statutory right of privacy was released and the responsible Minister, Brendan O’Connor discussed this on AM on Thursday 21 July 2011 it is hardly a new matter or Read the rest of this entry »

The Age ran an interesting piece on privacy and myki usage yesterday in Police handed data on myki users.

It provides:

Victoria’s public transport authority is increasingly handing over information about myki users’ movements to police, raising concerns that the smartcard is being used as a tracking device.

The Transport Ticketing Authority says police have made 113 requests about myki users since the smartcards were introduced in late 2009.

There have already been 71 requests for customer movements this year, more than three times the number of requests received last year.

Under the TTA’s privacy policy, police can make a written request for information about a customer’s movements without court oversight.

The policy states that personal information about myki customers will be handed to police when ”an authorised police officer certifies in writing that the disclosure is reasonably necessary for the enforcement of the criminal law”.

TTA chief executive Bernie Carolan said police were handed information only when justified. ”Strong privacy controls are maintained at the TTA and any release of data to, for example, the police is only granted when sufficient justification is given. Release of the data is always approved by TTA senior management,” he said.

The reusable Read the rest of this entry »

The High Court of New Zealand in C v Holland has considerably advanced the tort of privacy in New Zealand jurisprudence.

FACTS

The facts are uncontroverted and set out in [2].  The salient facts are:

• in June 2008 the defendant and the plaintiff’s boyfriend purchased a 5 bedroom house where they both resided;
• for  2 years, the plaintiff stayed at the property approximately 4 nights per week before moving in with Mr Z in July 2010;
• on a single occasion, in the period between 27 December 2010 and 9 January 2011, the defendant used a handheld digital camera to record 2 video clips of the plaintiff in the bathroom.  Each of the videos show the plaintiff both partially dressed and completely naked with clear view of her front (pubic area and breasts) and back. ;
• the defendant downloaded the 2 video clips onto his external hard drive;
• there was no evidence that the defendant published or showed the video clips to any person or entity; and
• the plaintiff did not consent to the defendant watching her in the shower or taking the video clips.

The video clips were discovered by the plaintiff’s boyfriend and the plaintiff made a complaint to the police.  The defendant was charged under the Crimes Act (in making an intimate visual recording),  was convicted and ordered to pay $1,000 in emotional harm reparation.

The plaintiff commenced proceedings against the Defendant.

DECISION

The Court identified Read the rest of this entry »

Yesterday the House of Representatives passed yesterday. As is the way of it the Attorney General has issued a media release, which provides:

The House of Representatives has today passed important reforms to the Privacy Act 1988 that will better protect people’s personal information, simplify credit reporting arrangements and strengthen enforcement powers of the Privacy Commissioner.

Attorney-General Nicola Roxon said that these reforms represent the most significant changes to the Act since Labor introduced the Privacy Act in 1988.

 “Australians right Read the rest of this entry »