Karteikarten
PR Law
Karten in diesem Stapel (16)
- 1Legislation/ Events: Privacy-International Covenant on Civil and Political Rights (1996)
-Convention on the Rights of a Child
-Universal Declaration of Human Rights (1948)
- European Convention on Human Rights
-Privacy Act 1988
-Surveillance Devices Act 1998 - 2International Covenant on Civil and Political Rights:- article 17: the right to privacy, Australia is a signatory
-no recognised tort or privacy legal action - 3Protection of Privacy under Statute:-data and personal information
-private communications (News of the World, 2011)
-protection against surveillance
^Employers have an exemption in relation to personal information in an employee record--> may breach the Surveillance Device Act is activities are recorded without consent - 4Privacy Act 1988:- enacted to give effect to treaty obligations
-regulates the way personal information is collected, stored and used
-established OAIC
-does not apply to every type of person/ info
-doesn't apply to personal info collected by individuals - 5Who is Bound by the Privacy Act:- all federal governement agencies (e.g. ATO)
-regulates private sector in some cases
-exceptions for journalism when done in the course of journalism
-businesses with an annual turnover of 3 million
-^ or less if a health services provider, trades in personal info or related to big business
-contractor providing services to the cwlth
-businesses may opt in - 6Privacy Act Relation to Australia:-only binds private sector organisations that are incorporated in Australia
-incorporated outside of Aus but carry business inside
-collect or hold personal info in Aus
-when media organisation is publicly committed to observe privacy standard= exempt from the act (s7B) - 7PRIA Code of Ethics- Privacy:(14) "Members shall act in accord with the aims of the institute, its regulations and policies."
- 8What is personal Information:Section s6 of Privacy Act:
-information or opinion (whether true or not)
-whether in recorded form (or not)
-about an identified individual
-sensitive information and how it is collected/ stored/ used
-race or ethnic origin, political opinions, membership of union, religion, philosophical beliefs, sexual preferences, health information, criminal record - 9What is Sensitive Information:s6 (1) of Privacy Act:
-relating to race or ethnic origin
-political opinions
-membership of professional or trade associated unions - 10The Australian Privacy Principles:APP 1-Open and transparent management of personal information
APP 2- Anonymity and pseudonymity
APP 3 — Collection of solicited personal information
APP 4 — Dealing with unsolicited personal information
APP 5 — Notification of the collection of personal information
APP 6 — Use or disclosure of personal information
APP 7 — Direct marketing
APP 8 — Cross-border disclosure of personal information
APP 9 — Adoption, use or disclosure of government related identifiers
APP 10 — Quality of personal information
APP 11 — Security of personal information
APP 12 — Access to personal information
APP 13 — Correction of personal information - 11Relevant APPs:-Consideration of personal information privacy (1,2)
-Collection of personal information (3,4,5)
-Dealing with personal information (6,7,8,9)
-Integrity of personal information (10,11)
-Access to and correction of personal information (12,13) - 12Breaching the Privacy Act:-individuals may complain to the OAIC
-OAIC may investigate resulting in- apology, change to procedures, counselling for staff, allowing access, financial or other compensation, enforceable undertaking and civil penalties - 13APP5 (Photographs)-you must take reasonable steps to tell a person who you are, why you are taking their picture and how they can access it later
-no laws that prevent you from taking pictures of people without consent - 14APP6 (Photography)-provides that an organisation must not use or disclose personal information about an individual for a purpose other than the primary purpose of collection unless certain conditions are met.
- 15APP3 (Photographs)-collection of personal information from the individual concerned unless not reasonable or practical to do so. Collection must be by fair and lawful means
- 16Privacy in the Workplace- many employers conduct practices which may be considered intrusive of privacy
- monitoring websites visited
- monitoing emails
- surveillance of employees in the workplace with CTV cameras<- exemption under employment contract (need to acquire personal information)
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- Law Karteikarten am PR Law, erstellt von Carla Genovesi am 22/11/2017.
- Erstellt von
- Carla Genovesi
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