Privacy Law

Revenge porn – legal options

Revenge porn (Revenge Porn) refers to sexually explicit media that is distributed without the consent of the individual(s) involved.[1]  An act of Revenge Porn therefore involves the recording of video or still images of a person that is usually engaged in sexual acts (Revenge Content) and publishing or threatening to publish it.  A persons participation may be  consensual or non-consensual with the photographer subsequently uploading the Revenge Content to revenge porn websites with links to social media websites with the intent of humiliating the person depicted.

The ubiquity of devices with picture and video capability coupled with social media that has created numerous opportunities for the recording and distribution of Revenge Content.  [Read more…]

Proposed anti-bullying legislation will target social media giants

The Federal Government is proposing to introduce legislation that will target the publication of offensive or harassing material aimed at children on social media websites.   [Read more…]

Cupid Media risks privacy of the dateless

The Privacy Act 1988 (Cth) (Privacy Act) requires entities to take reasonable steps to secure personal information.

[Read more…]

Privacy determination –Sensitive Information held in garden shed

The Privacy Commissioner, Timothy Pilgrim, has found that a Melbourne medical centre has breached the Privacy Act 1988 (Cth) (Privacy Act) in failing to provide adequate security to protect Sensitive Information contained in medical information. The breach occurred before the Australian Privacy Principles (APPs) took effect and therefore the medical centre was found to have breached the National Privacy Principles (NPPs).

[Read more…]

Changes to the Privacy Act commence today!

What are the changes?

The Federal Government’s changes to the Privacy Act 1988 (Cth) (Privacy Act) commence today.   These amendments include the introduction of thirteen (13) new Australian Privacy Principles (APPs).  See the APPs here. [Read more…]

Are your privacy practices compliant with the amended Privacy Act 1988 (Cth)?

Business and government organisations need to prepare for changes to the Privacy Act 1988 (Cth) (Privacy Act) that will take effect on 12 March 2014.

The reforms introduce thirteen (13) new Australian Privacy Principles (APPs) that replace the previous National Privacy Principles and Information Privacy Principles.  Most importantly, Schedule 4 of the Privacy Amendment (Enhancing Privacy Protection) Act 2012[1] establishes a civil penalty regime that allows the Federal Court or the Federal Circuit Court to order significant penalties for non-compliance.

[Read more…]

Selling into the EU – what do the cookie laws mean for your website?

In May 2012, the United Kingdom’s statutory adoption of the  European Union (EU’s) Cookie Laws came into force.  The effect of the law is that website operators must obtain the express consent for a cookie to be saved and used on a users computer.  The law applies to organisations that host websites from within the EU and also to organisations based in the UK that host outside the jurisdiction.

[Read more…]

Are your website terms and conditions contractually binding?

With the recent crackdown by the Australian Competition and Consumer Commission (ACCC) on unfair contract terms in online contracts, the question whether website operators terms and conditions are contractually binding has risen again.  This is commonly referred to as the click wrap vs browse wrap debate.

[Read more…]

Why do we need a Privacy Act Compliance Audit (PACA)?

What is a Privacy Act compliance audit?

Businesses have responsibilities pursuant to the Privacy Act 1988 (Cth) (Privacy Act) to make sure that they comply with the ten (10) National Privacy Principles (NPP) in accordance with the Privacy Act.

A Privacy Act Compliance Audit (PACA) is a threshold assessment that assists an organisation to determine whether or not they are compliant with the Privacy Act.  Further, a PACA can provide an organisation with practical go forward methodologies about the way that they collect, hold, use and disclose an individual’s personal information.

At present businesses are preparing to review their processes as legislative amendments come into force in March 2014.  At this time, further obligations will be imposed by the Privacy Act.  This means that they must adhere to a new set of privacy principles called the Australian Privacy Principles (APPs).  Read a summary of the changes here. [Read more…]

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