Do you trust Apple Store employees when they take away your phone to fix it?
Staff in a Brisbane Apple Store reportedly lifted photos from some Apple customers' iPhones and took more than 100 close-up and explicit photos of female customers and staff without their knowledge.
This raises both privacy and copyright issues. It is also creepy.
See Brisbane Times
Showing posts with label privacy. Show all posts
Showing posts with label privacy. Show all posts
Personal Information
The Australian Administrative Appeals Tribunal has decided that companies who collect operational data about services they provide
to individual end users, is not personal information about customers.
See Telstra Corporation Limited and Privacy Commissioner [2015] AATA 99 (18 December 2015)
See Telstra Corporation Limited and Privacy Commissioner [2015] AATA 99 (18 December 2015)
Dallas Buyers Club decision - who won?
The Australian Federal Court decided today that ISP iiNet was required to identify some of its customers who have downloaded the movie "Dallas Buyers Club". The court imposed restrictions and costs on the copyright holder. No email addresses were ordered to be disclosed. Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317.
See Court Decision and SMH Article.
See Court Decision and SMH Article.
Recommended Reading
I recommend these recent books, which relate to law and technology. Kindle editions are available.
Privacy
The Australian Privacy Commissioner has released a revised guide to "reasonable steps" to protect personal information.
Comments due 27 August.
"Effective ICT security requires protecting both computer hardware (the physical devices that make up a computer system) as well as the data (including personal information) that the computer hardware holds from misuse, interference, loss, unauthorised access, modification and disclosure. However, ICT security measures should also ensure that the hardware and the information stored on it remain accessible and useful to legitimate users."
Privacy in the Digital Era
The Australian Government announces the release of the Discussion Paper for this Inquiry, Serious
Invasions of Privacy in the Digital Era (DP 80).
The
Discussion Paper provides a detailed account of ALRC research so far,
and includes 48 proposals and a number of questions for people to
consider and provide feedback on. The ALRC
is proposing a model for a new statutory cause of action for serious
invasions of privacy to be included in a new Commonwealth Act, and also
is putting forward other alternative proposals to strengthen privacy
protection.
The Discussion Paper is available in HTML, PDF, and as an ebook.
·
See Media
Release >>
·
See Discussion
Paper >>
Privacy Guidelines in Australia
The Privacy Guidelines are no longer consultation drafts – the final version was released today (link below).
They have reversed
their view on the application
of the Privacy Act to foreign website operators. So much so that the
guidelines now conclude that “Where an entity merely has a website that can be accessed from Australia, this is generally not sufficient to establish that the
website operator is ‘carrying on a business’ in Australia”
Informational Privacy on the Web
A Data Broker Offers a Peek Behind the Curtain
The Acxiom Corporation is to open a Web site that will allow individual consumers to see some of the information that the company has collected about them. http://nyti.ms/17slfwv
Social Networks and Right of Publicity
From a Kenyon & Kenyon newsletter looking at legal trends for 2013:
An important “Right of Publicity” issue for 2013 is the use by social networks of their members' names and/or likenesses in advertising. Many social networks have broad Terms of Service which purport to allow them to exploit any content that a member posts on the networks' websites. Social networks take the position that these service terms permit them to use aspects of their members’ identities in advertisements appearing within the social networks. As social networks grow and compete for advertiser dollars, they will naturally want to allow advertisers to create the most effective ads possible. Studies have shown the persuasive potential of an online connection's recommendations (due to the apparent lack of bias), and therefore many advertisers are likely to request advertising that uses the identities of a social network's users.
An important “Right of Publicity” issue for 2013 is the use by social networks of their members' names and/or likenesses in advertising. Many social networks have broad Terms of Service which purport to allow them to exploit any content that a member posts on the networks' websites. Social networks take the position that these service terms permit them to use aspects of their members’ identities in advertisements appearing within the social networks. As social networks grow and compete for advertiser dollars, they will naturally want to allow advertisers to create the most effective ads possible. Studies have shown the persuasive potential of an online connection's recommendations (due to the apparent lack of bias), and therefore many advertisers are likely to request advertising that uses the identities of a social network's users.
Privacy for Mobile Apps
From The New York Times:
F.T.C. Suggests Guidelines on Privacy for Mobile Apps The Federal Trade Commission said the mobile industry should include a do-not-track feature in software and apps and take other steps to safeguard personal information. http://nyti.ms/X0xWcG
Does Disneyworld have privacy and copyright rights?
Lawyers nightmare, in relation to film made at Disneyworld, Escape from Tomorrow.
See also clip and NYTimes.
See also clip and NYTimes.
Google Street View Privacy Lawsuit
A privacy claim was made against Google for its StreetView product. A Google camera car drove on to private property to take the photos.
See Boring v. Google. Original Decision; Third Circuit decision
See Boring v. Google. Original Decision; Third Circuit decision
Why are Google Maps So Much Better
This is a good post that explains why Google Maps are so good. And see also this Atlantic article. Some people have said that maps are the future of Google. Photos below of Google Street View Bike People and Hiker.
Privacy Inquiries re Google
From The New York Times:
Google Privacy Inquiries Get Little Cooperation All sorts of private Internet communications were casually scooped up as Google Street View cars photographed the world’s streets. http://nyti.ms/Kx4aE2
How to Muddy Your Tracks on the Internet
Legal and technology researchers estimate that it would take about a month for Internet users to read the privacy policies of all the Web sites they visit in a year. So in the interest of time, here is the deal: You know that dream where you suddenly realize you’re stark naked? You’re living it whenever you open your browser.
...
“Companies like Google are creating these enormous databases using your personal information,” said Paul Hill, senior consultant with SystemExperts, a network security company in Sudbury, Mass. “They may have the best of intentions now, but who knows what they will look like 20 years from now, and by then it will be too late to take it all back.”
See NY Times
...
“Companies like Google are creating these enormous databases using your personal information,” said Paul Hill, senior consultant with SystemExperts, a network security company in Sudbury, Mass. “They may have the best of intentions now, but who knows what they will look like 20 years from now, and by then it will be too late to take it all back.”
See NY Times
Privacy
Please review the following privacy materials for the next lecture.
Australia
General information - OAIC, Australian Privacy Foundation, Electronic Frontiers
How prevalent (and relevant) are privacy concerns in Australia? How would you pursue a privacy complaint?
Legislation - look at the Privacy Act and the National Privacy Principles. Are further reforms on the way?
Case reports - review (and be ready to discuss) some privacy decisions, whether made by the Federal Privacy Commissioner or the Australian Information Commissioner.
You should also be aware of relevant case law in this area - is there a right to privacy at common law? Will there be in the future?
International
Art 17 of ICCPR.
Contractual rights
Look at the privacy policy of at least 2 websites you frequently use. Do you agree to all the terms and conditions?
For example - Google, News
Cookies
Are cookies a privacy concern, or a part of everyday life?
Recent news
Google and more Google
Then Google maps - what have been the different responses around the world?
Facebook and also here
Australia
General information - OAIC, Australian Privacy Foundation, Electronic Frontiers
How prevalent (and relevant) are privacy concerns in Australia? How would you pursue a privacy complaint?
Legislation - look at the Privacy Act and the National Privacy Principles. Are further reforms on the way?
Case reports - review (and be ready to discuss) some privacy decisions, whether made by the Federal Privacy Commissioner or the Australian Information Commissioner.
You should also be aware of relevant case law in this area - is there a right to privacy at common law? Will there be in the future?
International
Art 17 of ICCPR.
Contractual rights
Look at the privacy policy of at least 2 websites you frequently use. Do you agree to all the terms and conditions?
For example - Google, News
Cookies
Are cookies a privacy concern, or a part of everyday life?
Recent news
Google and more Google
Then Google maps - what have been the different responses around the world?
Facebook and also here
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