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Privacy

Find out about Australia's new privacy regime by visiting the our free dedicated privacy site. The site is updated regularly - for the latest developments, visit the news page. If you'd like to be notified when we add new publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed. The site gives a detailed picture of privacy laws in Australia, with information on how to comply. We give detailed information on how Australia's new regime affects:

  • Credit providers
  • Those working as Government contractors
  • Health professionals
  • The insurance industry
  • The media
  • The telecommunications industry

Focus: Privacy - 19 August 2008 View (HTML) Download (109KB PDF) 
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
Focus: Privacy - 18 August 2008 View (HTML) 
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
Client Update: Privacy - 11 August 2008 View (HTML) 
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
Focus: Privacy - 29 October 2007 View (HTML) Download (72KB PDF) 
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
Focus: Communication, Media & Technology - 09 October 2007 View (HTML) Download (121KB PDF) 
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
Focus: Telecommunications - 07 August 2007 View (HTML) Download (54KB PDF) 
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)
Focus: Privacy - 13 June 2007 View (HTML) Download (57KB PDF) 
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
Focus: Telecommunications - 10 April 2007 View (HTML) Download (69KB PDF) 
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
Focus: Construction - 04 April 2007 View (HTML) Download (55KB PDF) 
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
Focus: Privacy - 08 November 2005 View (HTML) 
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
Focus: Health - 06 July 2005 View (HTML) Download (86KB PDF) 
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.
Focus: Privacy - 14 June 2005 View (HTML) Download (111KB PDF) 
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
Paper: Managing compliance in the global space - transborder data flow - 30 November 2004 View (HTML) Download (94KB PDF) 
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
Focus: Privacy - 22 October 2004 View (HTML) Download (71KB PDF) 
Recent overseas court decisions point to the emergence of a new common law right to privacy. Articled Clerk Maree Norton, Special Counsel Karin Clark and Partner Katherine Sainty report on the potential implications for Australian organisations, particularly media organisations
Focus: Privacy - 02 June 2004 View (HTML) Download (58KB PDF) 
In a first for Australia, the Federal Court has granted an injunction to stop a breach of privacy law. Partner Ian McGill, Special Counsel Karin Clark and Articled Clerk Banjo McLachlan report on the implications for all businesses covered by the National Privacy Principles, including call centres, telemarketers and businesses with large customer databases
Client Update: Privacy - 08 January 2004 View (HTML) 
The Spam Act 2003 received royal assent on 12 December 2003 and its key operative provisions will come into force on 10 April 2004
Focus: Communications, Media & Technology - 02 December 2003 View (HTML) Download (51KB PDF) 
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
Focus: Consumer Compliance and eCommerce - 15 May 2003 View (HTML) 
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
Focus: Privacy - 17 December 2002 View (HTML) Download (80KB PDF) 
Important Commonwealth private sector privacy laws, which will impose new obligations on small businesses, commence on 21 December 2002. Lawyer Damien van der Toorn examines which small businesses will be covered, how they are likely to be affected, and what they should be doing to comply
Focus: Privacy - 08 April 2002 View (HTML) Download (100KB PDF) 
Senior Associate Jackie Lyne looks at the increased power and range of regulators of the new privacy regime in the light of a recent collaboration between two Federal bodies
Focus: Privacy - 12 October 2001 View (HTML) Download (39KB PDF) 
Changes to Australian privacy laws will affect the way Australians do business. These laws will have a significant impact on Australian businesses which send personal information offshore. Partner Katherine Sainty and Senior Associate Brigid Keary look at how these changes may impact on your business and some of the practical steps you can take to minimise that impact

 



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