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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Australian Information Commissioner v Australian Clinical Labs Ltd (No 2) [2025] FCA 1224
PRIVACY ACT – Where an APP entity breached Australian Privacy Principle (APP) 11.1 of the Privacy Act 1988 (Cth) (Act) by failing to take reasonable steps to protect personal information from unauthorised access or disclosure – what constitutes “reasonable steps” – where an APP entity interfered with the privacy of 223,000 individuals under s 13(1)…
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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
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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…
