Relevant bibliographies by topics / Australia Privacy Act 1988

Academic literature on the topic 'Australia Privacy Act 1988'

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Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Australia Privacy Act 1988"

1

Kemp, Katharine. "Strengthening Enforcement and Redress Under the Australian Privacy Act." Global Privacy Law Review 3, Issue 3 (September 1, 2022): 150–62. http://dx.doi.org/10.54648/gplr2022016.

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The regulatory regime provided by the Privacy Act 1988 (Cth) has long been criticized for its limited effectiveness in providing both remedies for individuals and guidance and deterrence for entities obliged to comply with the statute. Key concerns include the restricted rights of redress for individuals, and the inadequate powers and funding of the federal privacy regulator, the Australian Information Commissioner. In the last three years, the Australian Competition & Consumer Commission (ACCC) has begun to take on an important role in advocating for reform of Australia’s privacy law, assessing the potential anticompetitive effects of the data practices of digital platforms, and actively litigating privacyrelated misleading conduct matters under the Australian Consumer Law (ACL). This article describes the contrast in the roles, powers and funding of these two regulators and makes proposals for reform which would assist in providing Australians with appropriate access to justice in directly redressing privacy wrongs beyond organizations’ misleading representations about data practices. Australia, Data Privacy, Privacy Regulators, Enforcement, Redress
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Manwaring, Kayleen. "Paradox or Pressure? Consumer Expectations and the Australian Privacy Act." Global Privacy Law Review 3, Issue 3 (September 1, 2022): 118–26. http://dx.doi.org/10.54648/gplr2022014.

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This article outlines the empirical evidence in Australia regarding consumer privacy expectations as to commercial dealings with their data. Despite widespread disclosure of personal information from consumers to businesses, the evidence indicates that consumers believe that their privacy is important, and their personal information should be protected from misuse. However, this so-called ‘privacy paradox’, where consumer behaviour in ‘consenting’ to substantial data collection of personal information is not, in fact, a paradox. Rather, it is explained by consumers’ expectations and perceptions around data collection and handling by commercial entities: most importantly a perception by many that they have little or no choice or control over their personal information. It also shows that they expect the legal system to protect them against misuse of that data. With these expectations in mind, the article proceeds to introduce key parts of the general framework of the Privacy Act 1988 (Cth) under which digital data practices are currently regulated in Australia. Australia, Data Protection, Privacy, Consumers, Privacy Paradox
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Pattanasri, Thanaphol. "Mandatory Data Breach Notification and Hacking the Smart Home: A Legal Response to Cybersecurity?" QUT Law Review 18, no. 2 (March 1, 2019): 268. http://dx.doi.org/10.5204/qutlr.v18i2.752.

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This paper will investigate whether the Australian legal and regulatory framework sufficiently addresses cybersecurity concerns particular to the smart home. Specifically, the paper will analyse the extent to which the introduction of the data breach notification scheme in Australia will apply to smart home device manufacturers regulated by the federal Privacy Act 1988 (Cth) regarding device breaches. By examining Australian Privacy Principle 11 and the introduction of mandatory data breach notification, the paper aims to determine whether the Australian privacy model of Principles Based Regulation is capable of providing a market-based solution to cybersecurity concerns in the smart home.
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Pattanasri, Thanaphol. "Mandatory Data Breach Notification and Hacking the Smart Home: A Legal Response to Cybersecurity?" QUT Law Review 18, no. 2 (March 5, 2019): 268. http://dx.doi.org/10.5204/qutlr.v18i2.770.

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This paper will investigate whether the Australian legal and regulatory framework sufficiently addresses cybersecurity concerns particular to the smart home. Specifically, the paper will analyse the extent to which the introduction of the data breach notification scheme in Australia will apply to smart home device manufacturers regulated by the federal Privacy Act 1988 (Cth) regarding device breaches. By examining Australian Privacy Principle 11 and the introduction of mandatory data breach notification, the paper aims to determine whether the Australian privacy model of Principles-Based Regulation is capable of providing a market-based solution to cybersecurity concerns in the smart home.
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Jackson, Margaret. "The effect of the proposed national data protection regime on the health sector in Australia." Australian Health Review 20, no. 1 (1997): 1. http://dx.doi.org/10.1071/ah970001.

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The Commonwealth Government and a number of State governments are proposingto introduce legislation based on the Information Privacy Principles contained in thePrivacy Act 1988 (Cwlth). This will allow individuals access to any personalinformation held on them by any organisation or person, including privatepractitioners, private health facilities and State government agencies. This articlediscusses this proposed legislation and its implications for the health sector.Although in the public health area patients can already gain access to their medicalrecords through the use of the various Freedom of Information Acts and, in the caseof Commonwealth government agencies, the Privacy Act 1988 (Cwlth), the proposeddata protection legislation will provide more than access rights to individuals. Theeffect of the proposed legislation on the private sector, where no obligation exists onthe part of the doctor to grant a patient access to his or her records, will be substantial.
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Dawson, Sophie, and Emma Croft. "Missing (in) Action: Where Are the Australian Data Breach Class Actions?" Global Privacy Law Review 3, Issue 3 (September 1, 2022): 190–94. http://dx.doi.org/10.54648/gplr2022019.

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Data breach class actions have been a feature of the privacy landscape in the US and UK since as early as 2002. While Australia has experienced a surge in regulatory actions brought in respect of data breaches, we have yet to see an uptick in consumer actions in Australia. An action was brought in 2018, however it settled prior to receiving judicial consideration. This article provides some examples of the difficulties of bringing such actions in Australia, both at a substantive and procedural law level. We also highlight some proposed upcoming legislative changes which may have an impact in this space, including the proposed introduction of a tort of privacy and direct right of action in respect of interferences with privacy under the Privacy Act 1988 (Cth) (Privacy Act). Privacy, Data, Breach, Cybersecurity, Australia, Litigation, Court, Class Action, Reform
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Bin Othman, Mohd Bahrin, and Muhammad Faiz Bin Abu Samah. "The Australian Privacy Act 1988: Lesson to Be Learned." Malaysian Journal of Social Sciences and Humanities (MJSSH) 7, no. 9 (September 30, 2022): e001766. http://dx.doi.org/10.47405/mjssh.v7i9.1766.

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Privacy is a fundamental human right recognized either explicitly or implicitly all around the world constitution. However, these privacy rights are being eroded by advanced technologies. The efficiency of the Australian Privacy Act 1988 being a non-European Union state in governing the protection of personal data is remarkable. The purpose of this paper is to shed light on how the Australian Privacy Act 1988 can be used as a benchmark for the Malaysian Personal Data Protection Act 2010. Thus, this paper employs a doctrinal qualitative method to best explore the ideas and concepts within the literature available regarding the legislation for the protection of personal data. It suggests that there are improvements to be made for the Malaysian Personal Data Protection Act 2010 to be adequate.
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Manwaring, Kayleen. "‘Click Here to (Dis)agree’: Australian Law and Practice in Relation to Informed Consent." Global Privacy Law Review 3, Issue 3 (September 1, 2022): 127–49. http://dx.doi.org/10.54648/gplr2022015.

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This article provides a detailed examination of issues with the legislative framework meeting consumer expectations in relation to informed consent, particularly in relation to the Privacy Act 1988 (Cth) and the Australian Consumer Law (ACL). It also discusses two potential areas that might assist in fleshing out the current minimalist legislative definition of consent: namely case law and guidelines issued by the Australian privacy regulator, the Office of the Australian Information Commissioner (the OAIC Guidelines). However the case law available in this area is sparse and provides little guidance. Additionally, the non-binding OAIC Guidelines, while referred to frequently in privacy determinations, appear to have little real effect in influencing the data practices of many firms. The article concludes that the current approach to regulating ‘consent’ has not provided adequate protections for consumers in light of extensive empirical evidence regarding consumer privacy preferences and attitudes regarding data practices. Australia, Data Protection, Privacy, Informed Consent
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Bomba, David, and George Hallit. "Will the new Australian Health Privacy Law provide adequate protection?" Australian Health Review 25, no. 3 (2002): 141. http://dx.doi.org/10.1071/ah020141a.

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Amendments to the original Privacy Act (1988) come at a key point in time, as a national medical record system looms on the Australian horizon. Changes to The Privacy Act have the potential to define a level of information privacy prior to the implementation of such a system. We have therefore collected expert opinions on the ability of the Health Privacy Guidelines(enacted in December 2001 under The Privacy Act and hereafter more specifically known as Health Privacy Legislation) to ensure the privacy and security of patient information. We conclude that the legislation is flawed in its capacity to withstand an increasingly corporatised health sector. Deficiencies in consent requirements, together with feeble enforcement capabilities, mean The Legislation cannot effectively ensure that personally identifiable information will not end up in corporate third party hands. To significantly bolster the new legislation, we argue that it should be supplemented with explicit health data legislation and privacy auditing.
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Corones, Stephen, and Juliet Davis. "Protecting Consumer Privacy and Data Security: Regulatory Challenges and Potential Future Directions." Federal Law Review 45, no. 1 (March 2017): 65–95. http://dx.doi.org/10.1177/0067205x1704500104.

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This article considers the regulatory problems of online tracking behaviour, lack of consent to data collection, and the security of data collected with or without consent. Since the mid-1990s the United States Federal Trade Commission has been using its power under the United States consumer protection regime to regulate these problems. The Australian Competition and Consumer Commission (ACCC), on the other hand, has yet to bring civil or criminal proceedings for online privacy or data security breaches, which indicates a reluctance to employ the Australian Consumer Law (‘ACL’) in this field.1 Recent legislative action instead points to a greater application of the specifically targeted laws under the Privacy Act 1988 (Cth) (‘Privacy Act’), and the powers of the Office of the Australian Information Commissioner (OAIC), to protect consumer privacy and data security. This article contends that while specific legislation setting out, and publicly enforcing, businesses’ legal obligations with respect to online privacy and data protection is an appropriate regulatory response, the ACL's broad, general protections and public and/or private enforcement mechanisms also have a role to play in protecting consumer privacy and data security.
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Dissertations / Theses on the topic "Australia Privacy Act 1988"

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Watt, James Robert. "Electronic workplace surveillance and employee privacy : a comparative analysis of privacy protection in Australia and the United States." Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/26536/1/James_Watt_Thesis.pdf.

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More than a century ago in their definitive work “The Right to Privacy” Samuel D. Warren and Louis D. Brandeis highlighted the challenges posed to individual privacy by advancing technology. Today’s workplace is characterised by its reliance on computer technology, particularly the use of email and the Internet to perform critical business functions. Increasingly these and other workplace activities are the focus of monitoring by employers. There is little formal regulation of electronic monitoring in Australian or United States workplaces. Without reasonable limits or controls, this has the potential to adversely affect employees’ privacy rights. Australia has a history of legislating to protect privacy rights, whereas the United States has relied on a combination of constitutional guarantees, federal and state statutes, and the common law. This thesis examines a number of existing and proposed statutory and other workplace privacy laws in Australia and the United States. The analysis demonstrates that existing measures fail to adequately regulate monitoring or provide employees with suitable remedies where unjustifiable intrusions occur. The thesis ultimately supports the view that enacting uniform legislation at the national level provides a more effective and comprehensive solution for both employers and employees. Chapter One provides a general introduction and briefly discusses issues relevant to electronic monitoring in the workplace. Chapter Two contains an overview of privacy law as it relates to electronic monitoring in Australian and United States workplaces. In Chapter Three there is an examination of the complaint process and remedies available to a hypothetical employee (Mary) who is concerned about protecting her privacy rights at work. Chapter Four provides an analysis of the major themes emerging from the research, and also discusses the draft national uniform legislation. Chapter Five details the proposed legislation in the form of the Workplace Surveillance and Monitoring Act, and Chapter Six contains the conclusion.
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Watt, James Robert. "Electronic workplace surveillance and employee privacy : a comparative analysis of privacy protection in Australia and the United States." Queensland University of Technology, 2009. http://eprints.qut.edu.au/26536/.

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More than a century ago in their definitive work “The Right to Privacy” Samuel D. Warren and Louis D. Brandeis highlighted the challenges posed to individual privacy by advancing technology. Today’s workplace is characterised by its reliance on computer technology, particularly the use of email and the Internet to perform critical business functions. Increasingly these and other workplace activities are the focus of monitoring by employers. There is little formal regulation of electronic monitoring in Australian or United States workplaces. Without reasonable limits or controls, this has the potential to adversely affect employees’ privacy rights. Australia has a history of legislating to protect privacy rights, whereas the United States has relied on a combination of constitutional guarantees, federal and state statutes, and the common law. This thesis examines a number of existing and proposed statutory and other workplace privacy laws in Australia and the United States. The analysis demonstrates that existing measures fail to adequately regulate monitoring or provide employees with suitable remedies where unjustifiable intrusions occur. The thesis ultimately supports the view that enacting uniform legislation at the national level provides a more effective and comprehensive solution for both employers and employees. Chapter One provides a general introduction and briefly discusses issues relevant to electronic monitoring in the workplace. Chapter Two contains an overview of privacy law as it relates to electronic monitoring in Australian and United States workplaces. In Chapter Three there is an examination of the complaint process and remedies available to a hypothetical employee (Mary) who is concerned about protecting her privacy rights at work. Chapter Four provides an analysis of the major themes emerging from the research, and also discusses the draft national uniform legislation. Chapter Five details the proposed legislation in the form of the Workplace Surveillance and Monitoring Act, and Chapter Six contains the conclusion.
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3

Faulbaum, Susan. "Structure and agency in the private rental market : the making and remaking of Victoria's Residential Tenancies Act." Phd thesis, 1988. http://hdl.handle.net/1885/132452.

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This thesis explores the dynamics of social change through an examination of the making and remaking of Victoria's Residential Tenancies Act. The conditions leading up to the creation of the Tenancies Act are examined, as are the changes which the Act has produced. The findings of this thesis suggest that, despite the hopes of social reformers, the Tenancies Act has not produced a redistribution of power between landlords and tenants. It is argues, however, that this is not the fault of the Act itself, nor of its administrators, but rather of wider structural changes in the housing market which have served to negate many of the gains made by the Tenancies Act. Indeed, it is argued that, despite appearances, the Act has produced a number of important changes to the structure of, and agents participating in the rental housing market. As a result, Victoria's rental market is now quite different compared to how it was prior to the Act's introduction.
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McSweeney, Peter. "Sections 263 and 264 of the Income Tax Assessment Act 1936: a privacy perspective and review of overseas experience." Thesis, 1993. https://vuir.vu.edu.au/15639/.

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The study examines the powers of the Commissioner of Taxation to enter and search premises, and gather information under ss. 263 and 264 of the Income Tax Assessment Act 1936 (Cth). A critical assessment is made of ss. 263 and 264 with reference to (i) Privacy Act 1988 (Cth), (ii) the recommendations of the Australian Law Reform Commission Privacy Report 1983 and (iii) relevant overseas experience. An important issue for discussion is the lack of judicial authorisation over the Commissioner of Taxation's powers of entry and search of premises. An aim of the study is to recommend appropriate reforms for ss. 263 and 264. The study also assesses the potential impact of the Privacy Act 1988 (Cth) on the operation of ss. 263 and 264.
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Books on the topic "Australia Privacy Act 1988"

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McNally & co. [from old catalog] Rand. The 1988 Data Protection Act. 2nd ed. London: Stationery Office, 2000.

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Peter, Sutherland. Annotated safety, rehabilitation and compensation act 1988. 9th ed. Leichhardt, N.S.W: Federation Press, 2011.

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United States. Congress. Senate. Committee on the Judiciary. The Video Privacy Protection Act of 1988: Report (to accompany S. 2361, as Amended). [Washington, D.C.?: U.S. G.P.O., 1988.

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Ballard, John Oman. Annotated Safety, Rehabilitation, and Compensation Act 1988. 7th ed. Annandale, N.S.W: Federation Press and Softlaw Community Projects, 2005.

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US GOVERNMENT. Employee Polygraph Protection Act of 1988: Law and explanation. Chicago, Ill. (4025 W. Peterson Ave., Chicago, Ill. 60646): Commerce Clearing House, 1988.

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Ballard, John Oman. Annotated Safety, Rehabilitation, and Compensation Act 1988. 2nd ed. Sydney: Federation Press, 1995.

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Ballard, John Oman. Annotated Safety, Rehabilitation, and Compensation Act 1988. 6th ed. Leichhardt, NSW: Federation Press, 2003.

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United States. Congress. House. Committee on Government Operations. Computer Matching and Privacy Protection Act of 1988: Report (to accompany H.R. 4699) (including cost estimate of the Congressional Budget Office). [Washington, D.C.?: U.S. G.P.O., 1988.

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United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice. Video and Library Privacy Protection Act of 1988: Joint hearing before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the House Committee on the Judiciary and the Subcommittee on Technology and the Law of the Senate Committee on the Judiciary, One Hundredth Congress, second session on H.R. 4947 and S. 2361 ... August 3, 1988. Washington: U.S. G.P.O., 1989.

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Picasso, Pablo. Picasso: Museo de Arte Contemporáneo de Caracas, marzo de 1987. [Caracas]: El Museo, 1987.

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Book chapters on the topic "Australia Privacy Act 1988"

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Boutros, Andrew. "Investigations, Privacy and Data Security Issues." In From Baksheesh to Bribery, 593–604. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190232399.003.0022.

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When conducting internal investigations, it is critical to understand and consider various U.S. and international privacy and data protection laws. Some of the key laws investigators must consider include the Electronic Communications Privacy Act, the Fair Credit Reporting Act, and the Health Insurance Portability and Accountability Act. In addition, Sarbanes-Oxley in the United States and privacy and data security regimes in other countries and regions, for example Australia and the European Union, contain critical data security provisions, of which internal investigators must be aware. This chapter also includes discussion of other laws pertaining to the subject, such as the Children’s Online Privacy Protection Act, the Communications Act, and the Driver’s Privacy Protection Act.
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"Aboriginal peoples’ participation in the review of the Aboriginal Heritage Act 1988 in South Australia." In The Capability Approach, 100–115. Routledge, 2012. http://dx.doi.org/10.4324/9780203116159-16.

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Cento, Veljanovski. "1 Introduction." In Cartel Damages. Oxford University Press, 2020. http://dx.doi.org/10.1093/law-ocl/9780198855163.003.0001.

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This introductory chapter provides an overview of cartel damages. The Damages Directive 2014/104/EU Article 2(14) defines a cartel as ‘an agreement or concerted practice between two or more competitors aimed at coordinating their competitive behaviour on the market or influencing the relevant parameters of competition’. Not only do cartels harm their customers and suppliers, they restrict and distort competition as well as markets, and retard economic growth, productivity, and product innovation. As such, a cartel is illegal under Article 101 TFEU and in the UK is a Chapter I Prohibition under the Competition Act 1998. Indeed, competition authorities around the world are cracking down on cartels. In the last two decades, the European Commission has focused on cartels, imposing heavy fines and encouraging those who have been harmed to sue for damages. The UK, Ireland, Australia, and other countries have followed the US by making price-fixing a criminal offence and have jailed and disqualified directors. This chapter then considers the implications of Brexit for competition law and private damages actions.
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Bate, Stephen, and Gervase de Wilde. "Copyright, Moral Rights, and the Right to One’s Image." In Tugendhat and Christie: The Law of Privacy and The Media. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780199685745.003.0012.

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UK copyright is a right created by statute and is now contained in the Copyright, Designs and Patents Act 1988 (CDPA). Copyright is mainly regarded as a means of protecting the economic interests of creators of original works. However, it has a significant role to play in protecting privacy interests. Private correspondence and diaries are obvious examples of material that may attract copyright protection in the domestic sphere. In the commercial context, examples include corporate memoranda, other documents, and recordings containing confidential information. Copyright subsists in various descriptions of ‘works’, such as ‘literary works’, ‘films’ and ‘sound recordings’ and there may be more than one copyright work in any article. For example, a recording may include a ‘literary work’ as well as a ‘sound recording’ for copyright purposes. A copyright work may contain private information or the work may be unpublished and therefore private in that sense. Copyright is apt to protect privacy interests, because it gives the copyright owner the legal right to prohibit reproductions, ie copying, as well as other means of dissemination.
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Ervin, Karen. "Legal and Ethical Considerations in the Implementation of Electronic Health Records." In Healthcare Ethics and Training, 960–73. IGI Global, 2017. http://dx.doi.org/10.4018/978-1-5225-2237-9.ch045.

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This chapter examines the literature of healthcare in the United States during the transitioning to electronic records. Key government legislation, such as the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH), which were part of the American Recovery and Reinvestment Act (ARRA) and the Affordable Health Care Act, are reviewed. The review concentrates on patient privacy issues, how they have been addressed in these acts, and what recommendations for improvement have been found in the literature. A comparison of the adoption of electronic health records on a nationwide scale in three countries is included. England, Australia, and the United States are all embarking in and are at different stages of implementing nationwide electronic health database systems. The resources used in locating relevant literature were PubMed, Medline, Highwire Press, State Library of Pennsylvania, and Google Scholar databases.
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Ervin, Karen. "Legal and Ethical Considerations in the Implementation of Electronic Health Records." In E-Health and Telemedicine, 1432–44. IGI Global, 2016. http://dx.doi.org/10.4018/978-1-4666-8756-1.ch072.

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This chapter examines the literature of healthcare in the United States during the transitioning to electronic records. Key government legislation, such as the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH), which were part of the American Recovery and Reinvestment Act (ARRA) and the Affordable Health Care Act, are reviewed. The review concentrates on patient privacy issues, how they have been addressed in these acts, and what recommendations for improvement have been found in the literature. A comparison of the adoption of electronic health records on a nationwide scale in three countries is included. England, Australia, and the United States are all embarking in and are at different stages of implementing nationwide electronic health database systems. The resources used in locating relevant literature were PubMed, Medline, Highwire Press, State Library of Pennsylvania, and Google Scholar databases.
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Ervin, Karen. "Legal and Ethical Considerations in the Implementation of Electronic Health Records." In Cases on Electronic Records and Resource Management Implementation in Diverse Environments, 193–210. IGI Global, 2014. http://dx.doi.org/10.4018/978-1-4666-4466-3.ch012.

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This chapter examines the literature of healthcare in the United States during the transitioning to electronic records. Key government legislation, such as the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH), which were part of the American Recovery and Reinvestment Act (ARRA) and the Affordable Health Care Act, are reviewed. The review concentrates on patient privacy issues, how they have been addressed in these acts, and what recommendations for improvement have been found in the literature. A comparison of the adoption of electronic health records on a nationwide scale in three countries is included. England, Australia, and the United States are all embarking in and are at different stages of implementing nationwide electronic health database systems. The resources used in locating relevant literature were PubMed, Medline, Highwire Press, State Library of Pennsylvania, and Google Scholar databases.
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Karapapa, Stavroula, and Luke McDonagh. "6. Moral rights." In Intellectual Property Law, 131–48. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198747697.003.0006.

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This chapter assesses moral rights. From a human rights perspective, the distinction between economic and moral rights can be traced back to Art. 27(2) of the Universal Declaration of Human Rights. The protection of the moral interests of the authors finds justification not only in the context of human rights but also under a special set of copyright rules that offer protection to non-pecuniary interests of the authors. The Copyright, Designs and Patents Act 1988 (CPDA) recognises four main moral rights: the right to be identified as the author or director of a work (this is the so-called paternity right); the right to object to derogatory treatment of a work (the so-called integrity right); the right to object to a false attribution of authorship in the case of a literary, dramatic, musical, and artistic work or a film; and the right of privacy in commissioned photographs and films.
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Reports on the topic "Australia Privacy Act 1988"

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Curtis, Caitlin, Nicole Gillespie, and Steve Lockey. Submission to the Review of the Privacy Act 1988 (Cth). Australia: The University of Queensland & Australian Government: Attorney-General's Department, November 2020. http://dx.doi.org/10.14264/501b50f.

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