TOPIC 10: Protecting Information Flashcards
Mary applies for a job. John supplies a confidential reference. Mary’s request under the Privacy Act 1993 for a copy of the reference:
Can be declined as it is evaluative material disclosure of which would breach a promise of confidentiality given to the referee
Can be declined as it is not personal information about her
Can only be declined if it contains personal information about the referee
Must be granted
Can be declined as it is evaluative material disclosure of which would breach a promise of confidentiality given to the referee
Which of the following is CORRECT:
The Privacy Act 1993 applies to information about identifiable individuals that is held by organisations.
The Privacy Act 1993 does not cover photographs or videos of people.
Breaches of the Privacy Act 1993 can be enforced in the courts.
If a wrongdoer broke into an office and took personal information held by an organisation, that organisation will automatically be liable for a breach of the Privacy Act for failing to keep the information secure.
The Privacy Act 1993 applies to information about identifiable individuals that is held by organisations.
A breach of confidence might be established by a plaintiff in the following way/s:
All of the above.
by claiming breach of an implied term as to confidentiality in a contract.
by claiming a misuse of confidential information in circumstances where the defendant is in a fidcuiary position.
by claiming an equitable breach of confidence in terms of the traditional type of case where there has been an initial act of confiding.
by claiming an equitable breach of confidence even where there has been no initial act of confiding, but there is improper obtaining or use of the information.
by claiming breach of an express term as to confidentiality in a contract.
All of the above
A sends an e-mail to B Ltd about its products. B Ltd requests further details as to A’s address. B Ltd sends A’s contact details to a direct marketing company which later contacts A regarding similar goods sold by one of B Ltd’s overseas subsidiaries
B Ltd is not in breach of the Privacy Act 1993
B Ltd is only in breach of the Unsolicited Electronic Messages Act
B Ltd is in breach of the Privacy Act 1993
B Ltd will be in breach of the Privacy Act 1993 if it did not advise A of the intended forwarding of A’s details at the time of replying A’s e-mail
B Ltd will be in breach of the Privacy Act 1993 if it did not advise A of the intended forwarding of A’s details at the time of replying A’s e-mail
The Unsolicited Electronic Messages Act 2007:
Only prohibits the use of address-harvesting lists
Catches only the sending of bulk commercial electronic messages
Requires only the provision of a functional unsubscribe facility
Catches even the sending of a single commercial electronic message
Catches even the sending of a single commercial electronic message
For an equitable breach of confidence action to succeed, the plaintiff must prove that:
the defendant intentionally disclosed the confidential information.
the defendant negligently disclosed the confidential information.
the defendant himself used the confidential information. the action not being available where a third party is involved.
the defendant in fact wrongfully used or disclosed the confidential information.
the defendant in fact wrongfully used or disclosed the confidential information.
A company sends a debt collector to the wrong address. The privacy principles most likely to have been breached are: Principle 8 and 11 None of them Principle 4 Principle 6 and 7
Principles 8 and 11
Shivani, an employee of ABC Ltd, discovers confidential documents which show that an ABC manager has hired contractors to dump toxic waste in the local river. Shivani would be allowed to disclose this confidential information to:
the news media.
the local Member of Parliament.
the environment officer of the local council.
the local Green Peace coordinator.
the environment officer of the local council.
Which of the following is the BEST remedy to stop an ex-employee’s girlfriend leaking a commercial secret to a competitor:
An express confidentiality agreement in the ex-employee’s employment contract.
An implied term of confidentiality in the ex-employee’s employment contract.
None of the other answers.
The equitable breach of confidence.
The equitable breach of confidence
The MAIN role of the Privacy Commissioner is to:
Bring criminal prosecutions against those who breach the Privacy Act 1993
Bring proceedings against defendants for breach of Privacy Act in the Human Rights Review Tribunal
Adjudicate complaints alleging breach of the Privacy Act and award damages
Investigate complaints alleging breach of the Privacy Act and to enoucrage complainants and defendants to settle their complaints
Investigate complaints alleging breach of the Privacy Act and to encourage complainants and defendants to settle their complaints
Alice runs a café, Express Espresso, and she has an extensive list of her customers’ phone numbers and email addresses. She has collected this information by running a competition where one lucky customer each week gets a month’s worth of coffee if they drop their card in a jar. Alice wants to give her customers’ details to Jane, a friend of hers, who has just started an upmarket clothing shop. Which of the following is correct?
While the Privacy Act 1993 applies to Express Espresso, because the customers gave their cards freely, Alice can pass them onto Jane.
The Privacy Act 1993 applies to Express Espresso. Alice can only pass the information to Jane if she has already obtained from each customer their written consent to the transfer of information.
Alice can give the details as the Privacy Act 1993 does not apply to Express Espresso as the Act applies only to Government Departments.
If there was a statement on the jar that said that the customer’s details would be passed to third parties, Alice would be able to pass the information to Jane
If there was a statement on the jar that said that the customer’s details would be passed to third parties, Alice would be able to pass the information to Jane
The equitable action for breach of confidence is based on a plaintiff establishing that:
All of the above.
the defendant has in some way misused the plaintiffs confidential information without obtaining the plaintiffs permission.
there was an expressed or implied contractual term that the defendant must keep the plaintiff`s information confidential, and that the defendant has breached this.
the defendant has made a profit from his wrongdoing.
the defendant has in some way misused the plaintiffs confidential information without obtaining the plaintiffs permission.
Which of the following is not a necessary element for proving an equitable breach of confidence:
The information must have been imparted circumstances importing an obligation of confidence.
There must have been unauthorised use of the information to the detriment of the party communicating it.
The information must have the necessary quality of confidence.
The information must have been communicated to a person who was expressly told of its confidential nature.
The information must have been communicated to a person who was expressly told of its confidential nature.
The Unsolicited Electronic Messages Act 2007 (the Spam Act):
Allows an organisation to send a single email promoting its goods and services to a person even if the organisation has not got that person’s consent.
Prevents an organisation sending emails promoting its goods and services to a person unless that person has expressly consented to receiving emails from that organisation.
Is an Act that can only be enforced by the person receiving an email in breach of the Act.
Will catch even a single email from an organisation promoting its goods and services to a person if that organisation has not got that person’s consent.
Will catch even a single email from an organisation promoting its goods and services to a person if that organisation has not got that person’s consent.
The following are key requirements to be proven by a successful plaintiff in an equitable action for breach of confidence:
None of the above is accurate.
a contractual term imposing an obligation of confidence, the information having the necessary quality of confidence and unauthorised use of the confidential information.
a contractual term imposing an obligation of confidence and unauthorised use of the confidential information.
the initial imparting of false information to the confidee and subsequent unauthorised use of that information.
None of the above is accurate
