Privacy Update

August 2010

In this edition

Privacy Commissioner Issues New Case Notes

B v Charity Organisation [2010] PrivCmrA 3 - In a reminder to charities about their rights when dealing with third party information, the Privacy Commissioner has decided on a case involving a potential breach of the National Privacy Principles.

G v Finance Company [2010] PrivCmrA 8 - The Privacy Commissioner has delivered a decision that clarifies the circumstances allowing a finance company to deny an information request on the grounds that the request is vexatious or frivolous.

E v Private School [2010] PrivCmrA 6 - Voluntarily imparting personal information might result in that information being passed on in circumstances where there is a secondary reason for doing so, with the National Privacy Principles applying to both solicited and non-solicited disclosures.

C v Telecommunications Company [2010] PrivCmrA 4 - Certain aspects of the Credit Reporting Code of Conduct must be adhered to before a company can register a default on an individual's credit file. As this case demonstrates, incorrect information provided under the Privacy Act can substantially alter a company's right to claim default.
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Senate inquiry into online privacy

The Senate has recently referred its inquiry, 'The adequacy of protections for the privacy of Australians online', to the Senate Standing Committee on Environment, Communications and the Arts for inquiry and report.
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Development of fax marketing industry standard

The Australian Communications and Media Authority is seeking comment on the development of a national standard for the fax marketing industry, which it says will provide the public with greater certainty about the minimum level of behaviour they can expect from fax marketers.
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Joint Select Committee on Cyber Safety

The Joint Select Committee on Cyber Safety was established on 15 March 2010 following resolutions of the House of Representatives and the Senate.
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New South Wales overhauls freedom of information legislation

The Government Information (Public Access) Act 2009 (NSW) came into effect from 1 July 2010. The Act replaces the Freedom of Information Act 1989 (NSW), which had been the subject of criticism due to numerous exemptions permitting government agencies to refuse access to information it considered sensitive or embarrassing.
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Public Registers and Privacy

A recent case in which Minter Ellison has been involved has highlighted the need for organisations to be aware of how to meet their privacy obligations while keeping registers.
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Commonwealth Freedom of Information Reform

The Freedom of Information Amendment (Reform) Act 2010 (Cth) and the Australian Information Commissioner Act 2010 (Cth) received Royal Assent on 31 May 2010, and contain the most significant changes to the Federal FOI regime since its establishment.
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Google provides undertakings following Street View Privacy Act breach

Google Australia has recently provided the Federal Privacy Commissioner with written undertakings after it was found to have breached the Privacy Act when its Street View mapping vehicles inadvertently collected unsecured WiFi data in Australia.
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Privacy Commissioner provides guidance on ID-scanning in pubs and clubs

A growing number of entertainment venues are investing in technologies that scan or copy their patrons' ID documents or capture their biometric information by taking fingerprints, iris scans and photographs. However, clubs, pubs and other businesses have been urged by Federal Privacy Commissioner to familiarise themselves with their legal obligations before collecting patrons' identification.
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