T10: Protecting information

Question 1

Privacy act core principles

Answer 1

• Organization can only collect information for legitmate reasons
• Personal information msut be collected directly from the person
• person must be told about who,wh,whom is collecting information and sharing with
• Personal info must not be collected for unfair or intrusive means
• PI must be securely held( Breach does not mean breach of principle)
• Must be allwoed to access PI
• Must have right to requiest correction of PI
• Organization must ensure data is up to date and accurate using it
• PU must not be kept longer than reasonable duration
• information must be used for its purpose
• Information cannot be disclsoed unless this was the purpose it was collected for
  
  • orgnaisation cannot assign unique identifiers same as other organisation

Question 2

privacy act exclusions

Answer 2

news media must comply with 6 and 7, parliaments, courts and trbunal and family

Question 3

Breach of principle

Answer 3

reconcilliation/mediation

if not then injunctions and damages

Question 4

Spam act

Answer 4

applies to emails, instant messaging, mobile phone messaging and fax but not voice messaging

prohibits sending unsolicated messages- electronic, commerical and unsolictated

Express consent= direct signal of approval/ consent

inferred consent = approval form conduct and the business and other relationships of the sender and recipient

Deemed consent= public acesss to emails, no statement for avoicling unsoliciated, messages are relevant to business

breach/ remedy = civil liability > formal warning issued/ undertaking obtained> infringement notice> court action

Question 5

express, inferred and deemed

Answer 5

Express consent= direct signal of approval/ consent

inferred consent = approval form conduct and the business and other relationships of the sender and recipient

Deemed consent= public acesss to emails, no statement for avoicling unsoliciated, messages are relevant to business

Question 6

Breach/ remedy

Answer 6

breach/ remedy = civil liability > formal warning issued/ undertaking obtained> infringement notice> court action

Question 7

Equitable breach of confidence

Answer 7

For breach

Information msut have necessary quality of confidence- does not matter if info is simple, just so long no one knows about it

Information must be communicated in curcumstances importnating an obligation- if presented, or if person finds infomation and knows its confidential or should know its confidential

unauthorized use of information to the detriment of party communicating it

You can breach even if you are not told it is confidential

Third partyies are liable = dont need to recieve directly for oweing liability

information may have been stolen from soneone else

Trade secrete must be fulfilling the confiedntiality criteria

if you find trade secrete of a competitor = you cannot use until product is marketed by other competitors

Question 8

Contractual obligations of confidentiality

Answer 8

enforceable against other party

express terms AG vs Blake

During employment: owe fiduciary duties, equaitable breahc, implied contractual term , to serve employer faithfully and to not disclose information obtained during employment

Post emplyoemtn: equitable breach ; peninsula real estate vs Harris

trade secrete protected by breach of confidence act

Question 9

Trade secret

Answer 9

Extent to which information is known outside the business

Extent to which information is known by employees

Extent to which measures taken by owners to protecc

value to owner and competitiors

Question 10

Defence against breach of confidence

and

Remedies

Answer 10

Public knowledge, indepedent discover, disclosure in public interest

remedies: injunction, damages, profit recived order for delivery of material