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Showing posts with the label Privacy cause of action

A state by state approach to legislating protection of privacy rights?

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opensource.com The South Australian Law Reform Institute Final Report on A Statutory Tort for Invasion of Privacy includes 34 recommendations fleshing out the detail of its principal recommendation that the South Australian Parliament should enact a limited cause of action for serious invasions of personal privacy. The report remind s in 1973, the former South Australian Law Reform Committee recommended that a general right of privacy be created;  bills to establish that right were introduced into the parliament in 1974 and again in 1991 but were both defeated ; the Australian Law Reform Commission in 2008, the NSW Law Reform Commission in 2009, and the Victorian Law Reform Commission in 2010 recommended the introduction of a statutory cause of action for invasion of privacy; the Australian Law Reform Commission returned to the subject again in 2014 when the report "Serious Invasions of Privacy in the Digital Age" recommended that if a cause of action for serious invasion...

"We're the government and we're here to protect your privacy"

Not...  as two experts outline years of failure to pay attention to privacy protection. Dr Roger Clarke in a detailed working paper examines the last 15 years' incursions into human rights based on 'the terrorist threat' and highlights the limited attention paid to privacy impact assessment: Democracy in Australia is gravely threatened by a flood of measures harmful to human rights that have been introduced since 2001, and a large proportion of which are unjustified and not subject to effective controls. The passage of these measures through the Parliament has been achieved on the basis of their proponents' assertions and without appropriate scrutiny. Parliament had available to it various forms of impact assessment techniques, but failed to require that such methods be applied. The study reported here found that one particular form of evaluation, Privacy Impact Assessment (PIA), should have been performed, but was seldom applied, and where it was applied the process a...