In this edition
The US Federal Trade Commission announced in late November that it had reached a proposed settlement with global social networking site Facebook. The case sounds a warning to companies that collect personal information that they should ensure they only deal with such information as promised or risk proceedings being brought against them for misleading and deceptive conduct.
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On 28 November 2011, the European Commission announced that it would comprehensively reform European data protection laws. The proposed reforms, which are due in January 2012, aim to unify the existing legislation of member states and significantly reduce costs for businesses in complying with data protection laws.
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In Public Interest Determination 12A, the Privacy Commissioner has applied powers granted in Section 73 of the Privacy Act to allow doctors to collect health information about a third party, without their consent, on the grounds of being in the public interest.
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Under section 52 of the Privacy Act 1988 (Cth), the Privacy Commissioner has the power to make a determination after investigation and substantiation of a complaint, which directs how a privacy complaint should be resolved. This power includes declaring that the organisation take some remedial action or pay a specified amount of compensation for loss or damage suffered. Declarations can be enforced in the Federal Court.
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From July 2012, Australians will have the opportunity to access their health records in a single view, where and when needed, and irrespective of the location of the consumer, healthcare provider or record. This is the first time that this type of service has been made available in Australia and it is set to transform how healthcare is delivered nationally.
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