December 21, 2011
The Privacy Clearing House has set out its list of top/worst data breaches for 2011. It is an American list so the Telstra breach of privacy is not included.
It’s report is:
The following half dozen are our top picks for the most significant data breaches in 2011:
December 19, 2011
It is hard to keep up with the mass of testimonials, obituaries and reminiscences of the idiosyncratic, opinionated and outstandingly gifted writer.
An enquiring mind is Read the rest of this entry »
December 18, 2011
The Privacy Commissioner commenced an own motion investigation report on the Professional Services Review Agency and allegations that there was storage of information from two separate and distinct bodies on the same database. It found there was a breach of the Act. The report is found here.
The privacy Commissioner received a complaint that the Professional Services Review Agency (“PSR”) was holding medicare benefits program material and pharmaceutical benefits program data on the same database. This would potentially be a breach of the guidelines issued under section 135AA of the National Health Act 1953. There was also the question of whether there was a breach of IPP 4.
The Commissioner found there was no breach of IPP 4. The PSR satisfied the Commissioner that it had in place satisfactory measures to safeguard data including:
December 17, 2011
In today’s Australian there is a claim of breach of privacy by a constituent arising out of the alleged hacking into an ALP database by Age correspondents.
The article says:
A VICTIM of The Age’s hacking of an ALP database has come forward claiming the newspaper breached her privacy, as The Weekend Australian reveals the Victorian Electoral Commission asked police to investigate the claims of illegal activity.
Claire Watson, 24, has expressed her concerns Read the rest of this entry »
In yesterday’s Legal Affairs section of the Australian Chris Merritt has raised alarm, here, about the new Attorney General’s predilication for activism and the statutory right of privacy.
He says:
ONE of the most overlooked elements of this week’s Gillard cabinet reshuffle looks set to put Nicola Roxon back in her comfort zone: leading a crusade.
Before the reshuffle, responsibility for the government’s proposed privacy tort rested with Brendan O’Connor, who was outside cabinet when he was Justice Minister. Jason Clare now holds that position, but he is not responsible for privacy.
That went to Roxon when she replaced Robert McClelland as Attorney-General. And that brought this policy area to cabinet. This suggests that Julia Gillard believes privacy is about to take on greater political significance.
In politics it is always very dangerous to read tea leaves as Chris does here. There is even less profit in trying to discern the reasons for changes in administrative arrangements. Privacy has found itself in many different portfolios Read the rest of this entry »
December 16, 2011
The Privay Commissioner has posted his presentation to the iappANZ summit on 30 November 2011. It is found here.
The speech,as it relates to privacy, provides:
Firstly, I will read you a quote about community perceptions of privacy. As I am reading it, I would like you to see if you can work out when you think this quote was written.
“Recent inventions and business methods call attention to the next step which must be taken for the protection of the person….photographs and newspaper enterprises have invaded the sacred precincts of private and domestic life, and numerous mechanical devices threaten to make good the prediction that what is whispered in the closet shall be proclaimed from the house tops.”
Given recent media reporting of the impact of new technologies on people’s privacy, and incidents like the News of the World phone hacking scandal, you could be forgiven for thinking that this quote is contemporary.
You may be surprised Read the rest of this entry »
December 14, 2011
In recent decisions of Sportsco Pty Ltd v Singh Group Pty Ltd (No 2) [2011] VSC 576 (per Ferguson J) and BKW Investments Pty Ltd v Training Connect Limited [2011] FCA 1314 (per Cowdroy J) the courts considered applications to set aside statutory demands. In Sportsco the court, hearing an appeal from an Associate Justice, refused to set aside the application. In BKW the court set aside the application.
The underlying dispute related to the purchase of a franchise business. Singh, the purchaser, submitted that the statutory demand on Sportsco for $70,500 was a refundable deposit under the franchise agreement. Sportsco, the vendor, applied to set aside the demand claiming there was a genuine dispute concerning the debt and that it had an offsetting claim. Singh alleged there was an agreement that the money was refundable if it was unable to obtain finance for the franchise business. Singh did not obtain finance. While Singh was provided with an an offer to lease premises from which the franchise would operate it was never executed by Singh. Sportsco claimed there was a dispute as to what constituted the agreement and whether the agreement was subject to finance. It also claimed Singh was liable to pay a franchise royalty fee of five years as a consequence of the breach and was liable for damages of approximately $300,000.
Ferguson J referred to TR administration proprietor Ltd V Frank marketing and Sales Brochure Ltd as support forthe proposition that Read the rest of this entry »
In‘D’ and Wentworthville Leagues Club the Privacy Commissioner made a determination that there was a breach of the complainant’s privacy under section 52 of the Privacy Act 1988 (the “Act”).
In October 2008, the complainant lodged a complaint with the Office of the Privacy Commissioner against the Club under s 36 of the Act alleging that:
The complainant sought, [4], a declaration in the sum of $19,483.90 in compensation for Read the rest of this entry »
December 12, 2011
There has been widespread reportage of privacy breaches at the Telstra bigpond site last weekend.
Typical of the reportage is that in the Herald Sun which provides:
The majority of BigPond email users have been reconnected after a privacy breach shut down the system for more than 24 hours.
“BigPond email has Read the rest of this entry »
The Human Rights (Parliamentary Scrutiny) Act 2011 will commence on 4 January 2012. It passed through Parliament on 25 November 2011.
The Attorney General’s press release provides:
The new Act will also improve parliamentary scrutiny of legislation for consistency with Australia’s human rights obligations through two measures: