Tag: data

The elephant in the room – is there a tort of privacy in Australian law?

Posted onAuthorPatrick Gunning

Because data is intangible and not protected by a single legal doctrine the law struggles to fashion appropriate remedies when data has been copied or ‘stolen’ in an unauthorised manner.  The High Court of Australia faced this issue in a hearing on 12 and 13 November 2019 involving a challenge to the validity of a search warrant - leading to the Court wondering whether the journalist was asking the Court to recognise a tort of invasion of privacy in Australian law. read more...
Subjects: Privacy

Personal Information- it’s all “about” you

Posted onAuthorMichael Swinson

Late last week the Full Federal Court delivered what should be the final word in a long-running dispute between the Privacy Commissioner and Telstra about whether data generated within a telecommunications network in the course of transmitting calls and other messages should be treated as “personal information” under the Privacy Act 1988 (Cth). The case read more...
Subjects: Privacy

What’s the Big Deal with Big Data? The OAIC’s Guide to big data and the Australia Privacy Principles

Posted onAuthorEmily Rich

The Office of the Information Commissioner (“OAIC”) has released a consultation draft Guide to big data and the Australian Privacy Principles (the “Guide”). The draft Guide has been released at a time when many Australian businesses are exploring the potential of Big Data analysis for their business, and are grappling for the first time with read more...
Subjects: Privacy | Technology