A recent decision from the Australian Information Commissioner and Privacy Commissioner (Privacy Commissioner) provided a timely reminder to organisations about obligations when collecting personal information from someone other than the individual in question. ‘RC’ and TICA Default Tenancy Control Pty Ltd (Privacy) [2019] TICA Default Tenancy Control Pty Ltd (Tenancy Control) maintains various databases to …
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A closer look at biometric data in the workplace A recent decision of the Fair Work Commission (FWC) has provided some insight into the collection and use of sensitive information in the workplace. In the case of Jeremy Lee v Superior Wood Pty Ltd [2019] FWCFB 2946, the FWC found that it was unfair for an …
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A controversial shake up to Australia’s data laws came into force in December 2018. The Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (the Amendment) amended several pieces of legislation to enable the Government to access the communications of individuals in the name of national security. The Amendment was passed to make it …
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The European General Data Protection Regulation (GDPR) came into force on 25 May 2018. We have now seen 12 months since the commencement of the GDRP. Though a revolutionary regional instrument, it imposes obligations on businesses across the globe. In its one year of application, the GDPR has drastically changed the data protection and privacy …
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Earlier this year, the then Communications Minister Mitch Fifield unveiled plans to amend and update the Privacy Act 1988 (the Act). The focus of the proposed amendments is to introduce tougher penalties for breaches of the Act, particularly by big social media sites. As seen in examples such as the Facebook and Cambridge Analytica, the …
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Despite being 30 years old, organisations can still be confused about their obligations under the Privacy Act 1988 (Cth) (Privacy Act). Whether the Privacy Act even applies can be a minefield for sporting organisations such as sporting clubs, gyms, and governing bodies. Unfortunately, ignorance of the law excuses no one, and fines for a breach of the …
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Griffin Legal is a proud supporter of Safe Internet Day. From cyberbullying to social networking, each year Safer Internet Day aims to raise awareness of emerging online issues and chooses a topic reflecting current concerns. This year the focus is raising awareness to help ensure that our children and young people can explore the internet …
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The Office of the Australian Information Commissioner (OAIC) has been producing quarterly statistics of data breach reports since the Mandatory Data Breach Reporting regime came into force in the Privacy Act 1988 (Cth) (Privacy Act) on 22 February 2018. The latest report published on 30 October 2018 shows the continuation of a worrying trend for …
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APP CODE FOR COMMONWEALTH AGENCIES On 1 July 2018, the Privacy (Australian Government Agencies – Governance) APP Code 2017 (the Code) commenced. The Code is designed to enhance the privacy accountability and capability of agencies and is in line with a shift towards a more proactive and vigilant approach to privacy. The Code is specific …
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It is becoming increasingly common for employers to monitor their employees whilst in the workplace, and when using employer devices. Although Australia does not currently have uniform laws governing the surveillance of employees, in the Australian Capital Territory and New South Wales, there are specific regulations which dictate what an employer must do before conducting …
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