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Privacy: A Fundamental Human Right

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Privacy: A Fundamental Human Right
UNIVERSITY OF TECHNOLOGY SYDNEY
79708 Contemporary Business Law
Spring Semester 2013

Group Assignment Topic:

Contemporary Privacy Issues

Group Members:
Phan Quynh Tram Cao – 11103443
Eliska Hofirkova – 11801634
Derek Mok – 11681362
Olena Sahalayeva – 11783622
Yuyan Yang – 11611694

Class: Monday 6:00 pm
Lecturer: Mr W John Taggart

Contents

Report Introduction 3
Privacy Act 1998 and Credit reporting privacy 4
Health Information Privacy: 10
The use and protection of customers ' private information by businesses 17
Internet Data Privacy 23
Individual privacy vs. National security 32
Report Conclusion 39
References: 40
Phan Quynh Tram Cao – 11103443 40
Yuyan Yang – 11611694 40
Eliska Hofirkova 1180163 40
Derek Mok 11681362 41
Olena Sahalayeva – 11783622 42

Report Introduction

Privacy is one of the fundamental human rights, every individual should have full control over their personal information. However due to the continuous evolution of society and technology, the importance of a person 's right to privacy has been eroded. This report discusses the contemporary privacy issues on different levels and areas, with specific focus on credit reporting, protection of customer’s private information by businesses, health records, internet data and government intelligence access to information. Sections of the current Privacy Act 1988, the new Australian Privacy Principles 2014, and legislations related to the topic areas mentioned above will also be discussed in detail, and the effectiveness of these laws will be analysed.

A person 's credit history contains a vast amount of personally sensitive information which have a high commercial value, therefore it is extremely important to ensure businesses adhere to the privacy act to prevent the unauthorised use of these information. Any misuse of information can cause great personal and financial harm to the victim.

Privacy of health information is fundamental principle in health care.


References: 1. James, Nickolas,(2010), Australia, Business Law, 1st edition, John Wiley& Sons Australia 2 3. Horniak Virginia, 2004, Privacy of Communication-Ethics and Technology, Malardalen University,viewed29September2013,<http://www.idt.mdh.se/utbildning/exjobb/files/TR0390.pdf> 4 5. MrFairGo, 2010, Protect Yourself from Information Predators, Meta, viewed 29 September2013, 6 7. Timothy pilgrim, 2012, Telstra Corporation Limited: Own motive investigation report, Australian Government,viewedon01October2013,<http://www.oaic.gov.au/privacy/applying-privacy-law/privacy-omi-reports/telstra-corporation-limited> 8 2. http://www.pulseitmagazine.com.au/index.php?option=com_content&view=article&id=1259:data-security-and-the-new-privacy-laws&catid=16:australian-ehealth&Itemid=328 Data security and the new privacy laws (20.12.2012) 3. http://www.alrc.gov.au/news-media/2011/australian-privacy-law-practice-key-recommendations-health-information-privacy-refor AU privacy law and practice – Key recommendations for health information privacy reform (28.9.2011) 4. http://www.medicalobserver.com.au/news/hacking-into-health-files Hacking into health files (29.1.2013) 5. http://www.cio.com.au/article/451355/opinion_privacy_may_make_break_e-health/ Opinion: Privacy may make or break e-health (22.1.2013) 7. http://www.legalanswers.sl.nsw.gov.au/hot_topics/pdf/health_64.pdf Health and the Law – Health privacy in Australia (2008) 8. https://www.mja.com.au/journal/2010/193/9/privacy-and-use-health-data-research Privacy and the use of health data for research (2010) 9. http://www.hwlebsworth.com.au/latest-news-a-publications/publications/health/item/859-privacy-law-reforms.html Privacy Law Reforms: Impacts on the Health Industry (26.2.2013) 10. Article: Privacy regulations on biometrics in Australia, Yue Liu, Computer Law and Security Review 26 (2010) 355-367 11 Sharing isn’t always caring – genetic information (4.5.2012) 12 Privacy and genetic information (2010) 13 4. MacAskill E. 2013, ‘Edward Snowden: how the spy story of the age leaked out’ The Guardian,  12 June, viwed 3 September 2013 http://www.theguardian.com/world/2013/jun/11/edward-snowden-nsa-whistleblower-profile 5 6. Zakaria T. 2013 ‘U.S. spy agency edges into the light after Snowden revelations’ Reuters, 25 August, viewed 3 September 2013 http://www.reuters.com/article/2013/08/25/us-usa-security-nsa-idUSBRE97O08120130825 7
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