Partner Katherine Sainty and
Law Graduate Andrew Ailwood discuss the increasing regulation of the transfer of
data containing personal or sensitive information from an entity in one country
to an entity in another jurisdiction

The Spam Act 2003 received royal assent on 12 December 2003 and its
key operative provisions will come into force on 10 April 2004

On Tuesday, 2 December, the Federal Government passed national anti-spam
legislation in the form of the Spam Bill 2003 and the Spam (Consequential
Amendments) Bill 2003. Lawyer Alyssa Caplan reports on the key features of the
new anti-spam legislation and important compliance issues for clients

As consumers become more aware of their rights under the Privacy Act, it
is imperative that financial institutions ensure they comply with publicised privacy
policies. In April 2003, the Privacy Commission investigated two incidents involving the
mishandling of financial information of customers. Senior Associate Lorien Beazley
reports

The
Victorian Law Reform Commission’s workplace privacy final report, written in
response to growing concern about the increased use of
surveillance in the workplace, has been tabled in the Victorian Parliament. Lawyer
Andrew Ailwood and Special Counsel Karin Clark outline the report’s findings

A
number of the recommendations made in the Privacy Commissioner’s review of the
private sector provisions of the Privacy Act 1988 will impact on
organisations or individuals in health-related fields and those accessing
health-related services. Partners Catherine Parr, Peter Jones and Cameron Price and Articled
Clerk Martin Hecht look at the main findings of the review.

The
Privacy Commissioner’s report into the operation of the private sector
provisions of the Privacy Act
has been released. The AAR Privacy Team summarises the Report’s recommendations
in a number of key areas of relevance to AAR’s clients

The past two months has seen a crackdown by the Australian Communications and Media Authority on unsolicited electronic messages. Special Counsel Karin Clark and Lawyer Suzanne Komattu-Mathews report on the outcome of three recent decisions under the Spam Act 2003 (Cth)

Judge Felicity Hampel in the Victorian County Court recently held that the general law now offers protection to ‘private information’ under both the equitable action of breach of confidence and a new tort of invasion of privacy. Special Counsel Karin Clark, Lawyer Maree Norton and Articled Clerk Adam Butt consider the extent this groundbreaking decision, if upheld, is likely to increase an individual’s right to control the publication of ‘private information’ about themselves

The
creation of a Do Not Call Register scheme last year has major repercussions for
the telemarketing industry and all businesses that use phone marketing techniques. Special Counsel Karin Clark, Lawyer Andrew Ailwood and Law Graduates Claire Bourke and Valeska Bloch
outline the legislative components establishing the scheme and examine its implications

In response to recommendations made by the Auditor-General and recent public concerns about the efficacy of certain contracts entered into by the NSW Government, the Freedom of Information Amendment (Open Government – Disclosure of Contracts) Act 2006 (NSW) came into force on 1 January 2007. The purpose of the Act is to promote greater transparency in all contractual dealings between NSW government agencies and the private sector. Partner Leighton O’Brien and Lawyer Joel Sturgeon report

The Australian Law Reform Commission has released a report into privacy law that recommends key changes to the Privacy Act 1988 (Cth) and other privacy legislation. Partners Catherine Parr and Peter Jones look at what is proposed and how the proposed Unified Privacy Principles differ from the current regime

After undertaking the largest community consultation program in its 33-year history, the Australian Law Reform Commission today released its report on privacy law. Partners Peter Jones and Catherine Parr, and Special Counsel Karin Clark report

Partner Catherine Parr, Special Counsel Karin Clark and Articled Clerk Kelly Griffiths report on proposals in the Australian Law Reform Commission’s recent discussion paper for the reform of Australian privacy laws as they relate to credit reporting

The Australian Law Reform Commission has recently released a discussion paper that proposes reforms of Australia’s privacy laws as they relate to developing technologies and telecommunications. Partner Michael Pattison, Articled Clerk Jeremy Collins and Law Graduate Tim Cardiff report

The Federal Government has released a discussion paper calling for submissions ahead of its review of the Do Not Call Register Act 2006 (Cth). Partner Michael Pattison and Lawyer Nicholas Tobias report

The Australian Government has released the first stage of its response to the ALRC’s report on privacy law. Partner Catherine Parr, Special Counsel Karin Clark and Lawyer Jacqueline Goodall report

The Federal Privacy Commissioner has released a guide for businesses, government agencies and non-government organisations on how to respond to data security breaches, including when affected individuals should be notified. Importantly, the guidelines recognise that it is not always desirable that the individuals concerned be told about the breach. Partner Michael Pattison and Special Counsel Karin Clark discuss the guide’s recommendations

The Australian Law Reform Commission has recommended changes to Australia’ privacy laws that will have important implications for credit providers. Partners Catherine Parr and Peter Jones look at what will change

The Australian Government has released an Exposure Draft of the Australian Privacy Principles that are proposed to replace the National Privacy Principles and the Information Privacy Principles. Special Counsel Karin Clark and Partner Michael Pattison look at the new principles and their impact on privacy compliance programs.