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 – determination under s 52 of the Act – enforcement of any determination under s 55A of the Act – real risk of interference with the administration of justice – risk of inconsistent findings and legal conclusions – injunction sought to restrain Commissioner from proceeding to investigate the representative complaint – injunction refused
Related cases about data breaches
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McGinn v Australian Information Commissioner [2024] FCA 1185
PRACTICE AND PROCEDURE – application for order suppressing applicant’s identity – where applicant seeks to be identified by a pseudonym PRACTICE AND PROCEDURE – application for unilateral maximum costs order in respect of party and party costs recoverable against applicant PRACTICE AND PROCEDURE – application for change of respondent’s name Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1185For…
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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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Foley v Australian Information Commissioner [2024] FCA 169
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…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0117
For more information, see the original judgement.
