In P and Retail Company [2011] AICmrCN 10 the Privacy Commissioner considered the operaiton of NPP 1.1,  collecting personal information  necessary for one or more its functions or activities, and NPP 1.2, collect information only by lawful and fair means and not in an unreasonably intrusive way.

FACTS

The complainant alleged that a retail company recorded outbound calls it made  without providing notification that it was recording the calls.  The complainant objected as they had not been notified or asked for their consent to record the calls. The retail company verbally apologised but stated that it had  advised the complainant through an interactive voice response system when the complainant made his/her first inbound call to the retail company. The  retail company’s argument was that the complainant was therefore aware the call was being recorded and consent to the collection of such information could be implied.

DECISION

The retail company outlined that its collection of information via the recording of calls was for training, coaching and monitoring purposes including to process orders and action enquiries. The Commissioner took the view that the collection of the information by recording phone calls was necessary for one of the retail company’s functions and the company had met the requirements of NPP 1.1.

In considering whether the collection was by fair and lawful means, the Commissioner had regard to Read the rest of this entry »

In  Q and Financial Institution [2011] AICmrCN 11, the Privacy Commissioner considered the operation of the NPP 2.1.

FACTS

The complainant contracted Read the rest of this entry »

The Attorney General introduced the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Bill 2012 today.  The homepage for the bill is found here.

The Attorney General’s announcement is:

“It is essential that the community continues to have strong confidence in our courts and a transparent and robust complaints process is fundamental to this,” Attorney-General Nicola Roxon said.

“An open and transparent judicial system is Read the rest of this entry »

The Privacy Commissioner handed down a determination in S and Telecommunication Company late last year.

FACTS

The complainant sought access to his/her personal information held by a telecommunication company.  The complainant believed that included correspondence with a law enforcement agency.  The telcom refused access and relied on NPP 6, the exception which provides that access would prejudice activities of an enforcement body.

ISSUE

The telcom claimed that Read the rest of this entry »

The Victorian Privacy Commissioenr has released an information guide on biometrics.

It is found here. It provides (absent diagrams and with annotations incorporated rather than footnoted):

The Privacy Commissioner gave a speech at a conference on 23 February 2012 which I attended.

His speech provides:

Privacy law reform: challenges and opportunities

Timothy Pilgrim, Australian Privacy Commissioner – Presentation to Emerging Challenges in Privacy Law Conference, 23 February 2012

Introduction

I would like to Read the rest of this entry »

In Beware of ‘little fish’ surfing on privacy the article provides a useful analysis of the privacy implications of apps which move from data storage issues to full blown privacy breaches.  The Path app is as blatant as it comes.

It provides:

The intrusion Read the rest of this entry »

Facebook and privacy have not had a good or longstanding relationship.

With Timeline there is another potential privacy problem.  On PM last night the implications were discussed.  Here is the transcript: Read the rest of this entry »

In today’s Sydney Morning Herald there is an interesting article on privacy policies. It provides:

In the spring of 2010 Read the rest of this entry »

Privacy breaches in relation to the Personal Property Securities Register The Personal Property Securities Register (PPS Register) established under the Personal Property Securities Act 2009 (Cth) (PPS Act) commences today. The PPS Act Read the rest of this entry »