January 2015


January 28, 2015 11:55 AM | Posted by Ian Lockhart | Permalink
The last year has seen fundamental changes to credit reporting law. A new regime is embodied in a complete re-write of Part IIIA of the Privacy Act 1998 supplemented by a number of regulations and a new Credit Reporting Code (CR Code). This body of new law establishes a framework for comprehensive credit reporting in Australia. read more
January 21, 2015 3:02 PM | Posted by Lucy McGovern & John Fairbairn | Permalink
On 17 November 2014, the Privacy Commissioner launched a new Privacy regulatory action policy (Policy) which explains the range of powers afforded to the Office of the Information Commissioner, the office's regulatory strategy, approach and priorities. The Privacy Commissioner has emphasised that the Policy does not seek to make a radical shift in terms of the approach taken by the office to regulation, but rather seeks to provide transparency to the office's existing approach. read more
January 21, 2015 2:36 PM | Posted by Joseph Cram & Charles Alexander | Permalink
This year three of the five own-motion investigation reports published by the Information Commissioner (Commissioner) involved the investigation into large scale data breaches by Telstra Corporation Limited (Telstra), Multicard Pty Ltd (Multicard), Cupid Media Pty Ltd (Cupid), and the Department of Immigration and Border Protection (DIBP). read more
January 21, 2015 2:25 PM | Posted by Charles Alexander | Permalink
The Annual Report of the Office of the Australian Information Commissioner (OAIC) for 2013/14 was published in November with chapter seven devoted to a report on privacy compliance. read more
January 21, 2015 2:19 PM | Posted by Veronica Scott | Permalink

While 2014 was a year of privacy reform for Australia, one Spanish citizen, Mario Costeja Gonzalez, will never be forgotten for helping to contribute to a landmark development in European privacy law that ahs resonated around the world. As a result of his privacy complaint, the European Court of Justice (ECJ) has given EU residents the 'right to be forgotten'. The ECJ decision found that, while the right was not absolute

"individuals can request search engines to remove all links to not only inaccurate information, but also to personal information deemed to be "inadequate, irrelevant ... or excessive [for] the purposes of the processing."

read more
January 21, 2015 11:06 AM | Posted by Lucy McGovern & Charles Alexander | Permalink
The Office of the Australian Information Commission released a new Guide to Securing Personal Information which replaces the Guide to Information Security which was issued in April 2013. read more
January 9, 2015 2:33 PM | Posted by Evetts, Megan | Permalink
Having battled on sales charts and childhood palates for well over a century, the Federal Court has handed down a judgment in the latest round of a four-year Court dispute between these soft-drink giants. Justice Besanko found in favour of PepsiCo, ruling that their bottle shape was not deceptively similar to Coca-Cola's trade marks and did not constitute passing off or misleading or deceptive conduct. read more