PRIVACY – breach of privacy – unauthorised access of personal information – inadequate data protection systems – breach of Australian Privacy Principles – ss 13 and 15 of Privacy Act 1988 (Cth) – investigation of representative complaint – earlier representative complaint – construction of ss 36, 38 and 39 of the Act – whether s 39 precludes investigation of subsequent representative complaint – preclusion decision made by the Australian Information Commissioner – whether an error of law – judicial review proceedings – s 5(1) of Administrative Decisions (Judicial Review) Act 1977 (Cth) – ss 39B(1) and (1A) of Judiciary Act 1903 (Cth)
Related cases
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Singtel Optus Pty Ltd v Robertson [2024] FCAFC 58
PRIVILEGE – legal professional privilege – third party report – investigation into cyber-attack – whether the report was created for the dominant purpose of legal advice – multiple purposes for commissioning report – unchallenged evidence – adverse inference – failure to adduce specific and focused evidence – time for assessing dominant purpose PRACTICE AND PROCEDURE…
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Medibank Private Limited v Australian Information Commissioner [2024] FCA 117
PRIVACY – investigation by Australian Information Commissioner – breach of Australian Privacy Principles – own initiative investigation under s 40(2) of Privacy Act 1988 (Cth) – representative complaint under ss 36 and 38 of the Act – injunction to restrain investigation under representative complaint – separate Federal Court representative proceeding dealing with overlapping issues –…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0169
For more information, see the original judgement.
