Privacy    April 28, 2021

News organisations dismiss expansion of reputational remedies

Media submissions to the attorney general's privacy review ... Statutory tort for serious invasions of privacy ... Weighing the merits of the arguments for and against the statutory tort ...  Impact on free speech ... A fertile litigation frontier ... Overlapping remedies ... Alan Zheng reports ... more

 

Privacy    April 6, 2021

Privacy trumps state security in South Africa

Constitutional Court of South Africa strikes down key parts of the state surveillance legislation ... Interception and monitoring of a journalist's communications ... Breach of the constitutional right to privacy ... Bill of Rights ... Competing interests ... Lack of judicial independence ... Procedural unfairness ... Importance of journalist's secret sources ... Australian experience distinguished ... Anna Kretowicz reports ... more

 

Privacy    February 22, 2021

HRH Duchess of Sussex v Associated Newspapers

Mail on Sunday goes down in high profile privacy case ... Private letter from Meghan Markle to her father ... Summary judgment for claimant ... Dire warnings from newspaper commentariat ... Law not turned on its head ... Media law developments generally in favour of publishers ... Dominic Crossley comments ... more

 

Privacy    April 30, 2020

Privacy and the COVID tracing app

The new COVID-19 tracker and legal protections ... Biosecurity versus privacy ... Need for a contract between government and users ... Prying by police and security agencies is forbidden ... How it works ... Hacking is inevitable ... A decentralised model would be less of a threat to privacy ... Social graphing of individual app users ... Workability ... The key issues clarified by Janek Drevikovsky ... more

 

Privacy    March 10, 2020

Australian Information Commissioner v Facebook Inc & Anor

Information Commissioner takes on Facebook claiming the privacy of over 300,000 Australian was breached by feeding data to Cambridge Analytica ... "This is Your Digital Life" app ... Harvesting data from friends and associates ... Political profiling ... Systematic failure to comply with privacy laws ... Users unable to exercise reasonable choice over the use of their personal information ... Stephen Murray reports ... more

 

Privacy    November 12, 2019

Poland v Hedley

Clandestine recording used by WA Today ... Lawful interest defence available under the Surveillance Devices Act ... Plan to dump toxic soil ... Private conversation in a restaurant ... Question as to authenticity of the exhibit ... Defence of qualified privilege ... Exemption under Act where publication is relevant to the defence of defendants' lawful interests ... Stephen Murray reports ... more

 

Privacy    October 27, 2019

Ploubidis v Carling

Admissibility of voice recordings ... Surveillance Devices Act ... Whether recordings were "private" ... Failure to meet the legislative exemptions ... Circumstances when private recordings are admissible ... Gaining an advantage in civil proceedings ... Janek Drevikovsky reports ... more

 

Privacy    February 25, 2019

Jane Doe v Fairfax Media Publications Pty Ltd & Anor

Likely identification by the media of a young sexual assault victim ... A significant case concerning alleged invasion of privacy ... No cause of action for breach of statutory duty and misuse of confidential information ... A distinction with Victoria's Jane Doe v ABC ... Journalist and accurate reporting of court proceedings ... Patrick George reports ... more

 

Privacy    October 30, 2018

The key to encryption

The government's proposed law to unscramble encrypted communications ... Threats to citizens and journalists in particular ... Confidential sources placed at greater risk of exposure ... A new invasion of privacy amid an abundance of government intrusions ... Cybersecurity threatened ... Criticism from UN privacy rapporteur ... Nick Bonyhady reports ... more

 

Privacy    July 26, 2018

Why the Cliff Richard case was wrongly decided

Sir Cliff Richard v BBC ... Misuse of private information ... Judge makes editorial decisions and arbitrates on taste ... Conflating privacy and reputation ...  While there is a public interest in a police investigation there is no public interest in identifying individuals subject to investigations ... Journalistic quality of the broadcast ... Public interest in the rule of law ... Consequences of the judge's findings ... From Paul Wragg in Inforrm ... more

 

Privacy    March 1, 2018

FOI and the WA Public Transport Authority

Test for exempt "personal information" under Freedom of Information Act ... Supreme Court reverses finding of Information Commission ... Identification of people in the footage ... Seven Network seeking tapes of level-crossing near-misses ... Louise Hall reporting   ... more

 

Privacy    December 13, 2017

Sawa Pty Ltd v Australian Broadcasting Corporation

Not for publication: ABC fails to get secretly recorded video footage of animal cruelty released after it was first granted by a magistrate ... Privacy trumps public interest according to WA Supreme Court Justice John Chaney ... Carmel Galati reports ... more