Category: Privacy
  • Criminal Law, Privacy

Privacy R.I.P.

Are police watching your Facebook, looking at your private health records, banking details, and email addresses? Are they modifying or copying your data and posts without your knowledge, or forcing you to hack others on their behalf? If they didn't have the power to before, they do now.
  • Privacy

A Matter Of Privilege

Confidential communications between lawyers and their clients are sacrosanct. They are subject to legal professional privilege, which means they cannot be disclosed by anyone – including the lawyer – to anyone else - including the government, the courts, the police, or anyone at all - without the client’s express authorisation. That principle has been around for about 500 years, and remains a fundamental tenant of our legal system. But it has, at times, been sorely tested.
  • Alex Somers, Privacy

The Social Dilemma

The latest Netflix documentary, The Social Dilemma, serves up a thought-provoking critique of the unethical and largely unregulated tactics employed by social media platforms, namely surveillance capitalism and data mining, in order to exploit users for commercial benefit. The doco’s director, Jeff Orlowski, seeks to draw a causal link between the rise of these tactics in the 2010’s and broader social, political and economic concerns such as mental health issues, the spread of misinformation/conspiracy theories, and election tampering.
  • Chris Nyst, Opinion, Politics, Privacy

A Right To Know

Don’t you sometimes miss the good, old-fashioned Moral High Ground? As a post-war baby, the world I was born into seemed a brave and righteous one. Our fathers had just fought and died to free us all from fascism and oppression. The world had paid a terrible price, but it was all worth it.  In the end we won, and the Bad Guys lost.
  • Chris Nyst, Criminal Law, Defamation, Privacy

Reasonable Conduct

The threat last week by One Nation Senator Malcolm Roberts to report Fairfax Media journalists to police for stalking, raises some interesting questions. Last Thursday the Senator’s senior media adviser, Sean Black, threatened to complain to police about what he called "continued pestering" and "harassment". His claims followed allegedly persistent emails from journalists seeking answers from Senator Roberts about renunciation of his UK citizenship, in the context of the broader dual nationality debate. Mr Black reportedly told Fairfax Media to "stop the harassment" and warned that further “pestering or harassment” would be referred to the Queensland Police Service for prosecution.
  • Chris Nyst, Commissions of Inquiry, Criminal Law, Privacy

Citizen John and the Genie

There’s a common misconception in some circles that only criminals, miscreants and ne’er-do-wells attract the attention of investigators like Federal and State police, corporate and other regulatory watchdogs, the tax man and the like. Most of us blithely go through life believing if we always try to act honestly and honourably there is no risk we will ever be targeted. Unfortunately, it’s just not true.
  • Compliance Law, Privacy

The Do’s And Don’ts Of Telemarketing

In Australia we have some of the strictest telemarketing laws in the world and we need to. I’m sure everyone who reads this blog has received a telemarketing call at some stage or another from someone in India, the Philippines or even South Africa.
  • Chris Nyst, Human Rights, International, Opinion, Privacy

Carly Nyst Addresses UN Human Rights Council

On Friday last week my dear daughter Carly Nyst, a UK-based Australian lawyer who is currently the Legal Director of the human rights group Privacy International in London, addressed the United Nations Human Rights Council in Geneva on the right to privacy in the digital age. As part of a panel which included Flavia Panasieri , the Deputy High Commissioner for Human Rights, and Special Rapporteur on freedom of expression with the Inter-American Commission on Human Rights, Catalino Botero Marino, Carly told the Commission that the right to privacy is a fundamental part of human dignity, which guarantees the protection of other human rights such as the freedom of expression, and should be jealously defended by the United Nations, particularly in the wake of WikiLeaks and the Edward Snowden Affair. The Deputy High Commissioner for Human Rights Ms Botero said the Commission recognised that systematic collection of data by governments directly affects the right to privacy and freedom of expression, and appropriate safeguards and controls must be elaborated to prevent those negative effects on human rights.