Modern monarchy and the media: Duchess of Sussex wins historic privacy case against the British tabloids

In another reminder that being a princess isn’t all it’s cracked up be (after binge-watching the latest season of The Crown), Meghan Markle (a.k.a. The Duchess of Sussex) was recently granted summary judgment in a privacy claim against Associated Newspapers Limited, over the publication of extracts from a hand-written letter to her father (see HRH read more...
Subjects: Copyright

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

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

Better safe than sorry: a cautionary tale about Customer Data Sharing Agreements

Two companies enter into a franchising agreement. Amongst other things, the franchisor agrees to provide the franchisee with customer data for marketing purposes “subject to relevant privacy legislation”. Say that such customer data sharing would be in breach of privacy laws. Will the franchisee still be able to enforce the franchisor’s obligation to provide customer data in these circumstances? read more...
Subjects: Technology

Australian Privacy Commissioner takes expansive view of jurisdiction in Ashley Madison case

Many regulators take an expansive view of their remit, and the Australian Privacy Commissioner has acted in this way in the Ashley Madison case. The Ashley Madison data security breach attracted enormous publicity worldwide, when details of approximately 36 million subscribers were published by hacktivists operating under the monicker “The Impact Team”. The company that read more...
Subjects: Privacy

Wi-fi tracking of students in Australia

Recent publicity about an Australian university’s practice of tracking the location of people connected to the university’s wi-fi network raises a mixture of policy and legal issues. The media report claims that the legal position is not clear, so this post is intended to help readers understand that position. The university’s spokesman is quoted as read more...
Subjects: Privacy | Technology

Cloud privacy – significant developments

There were two significant developments last week for the privacy in the cloud: The European Commission endorsed the EU-US Privacy Shield, which will replace the earlier Safe Harbor scheme that had been found wanting by the European Court of Justice in the Schrems decision. The 2nd Circuit Court of Appeals in the US decided that read more...
Subjects: Privacy | Technology

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

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...