Representative actions, proof of fact and author identification in copyright law: a history and a concern

Recent judgments in Australia have called for author identification in order that copyright subsistence may be established. There is a risk that such calls will be taken too literally, to the detriment of author privacy. This article considers the legal mechanisms by which author identity has historically been shielded from disclosure, without the operation of the copyright system being impaired. It expresses the hope that those who are responsible for developing copyright law will be mindful of the concern for author privacy which has long been part of copyright discourse.

Routing and privacy protection in human associated delay tolerant networks

This thesis proposes Human Associated Delay Tolerant Networks, where data communications among mobile nodes are determined by human social behaviours. Three models are proposed to handle the social attributes effect on data forwarding, the time impact on nodes’ movement and the privacy protection issue when social attributes are introduced.

Differential privacy and its application

 While the thesis reports our research in extending the theory of differential privacy to real world application, many interesting and promising issues remain unexplored. This thesis can be a starting point for new challenges because they precisely demonstrate how differential privacy can be extended in real-world scenarios.

Security and privacy of users' personal Information on smartphones

 This research investigated the proliferation of malicious applications on smartphones and a framework that can efficiently detect and classify such applications based on behavioural patterns was proposed. Additionally the causes and impact of unauthorised disclosure of personal information by clean applications were examined and countermeasures to protect smartphone users’ privacy were proposed.

Privacy-preserving mechanism for social network data publishing

 Privacy is receiving growing concern from various parties especially consumers due to the simplification of the collection and distribution of personal data. This research focuses on preserving privacy in social network data publishing. The study explores the data anonymization mechanism in order to improve privacy protection of social network users. We identified new type of privacy breach and has proposed an effective mechanism for privacy protection.

Privacy law in Australia

This book begins by examining the nature and scope of the right to privacy and the moral basis and status: What is privacy? What interests does it affect and protect? Is there a justification for the right?
It discusses the relevant legal regime in all Australian jurisdictions. It covers the extent to which privacy has been protected under common law and equity and then weaves these principles into the statutory discussion of privacy. It focusses specifically on the most important areas of privacy protection - medical records, communications, criminal investigations and DNA, employment, territory, etc. Finally, it examines how the law may develop in the future.

Data protection and privacy: the Australian legislation and its implications for IT professionals

The notion of privacy takes on a completely different meaning when viewed from the perspective of an IT professional, an organisation using technology to support strategic directions or a member of the public. This paper looks past the technical issues involved in data protection and examines some of the business, social and regulatory aspects that have become important to those involved in the management, storage and dissemination of electronic information. The paper documents some of the legislative developments in privacy and data protection and examines what these developments mean for IT professionals for whom the link between data captured, stored and processed into information and the resulting effect on privacy is important. The Commonwealth Privacy Act 1988 based on work done by the Council of Europe, the OECD and the European Union provides some general guidelines but only for the public sector. However, new legislation imminent. Thus, IT professionals need to be aware of the changing situation and examine their organisation’s current practices to ensure compliance with future laws.

The right to privacy and corporations

Traditionally the right of privacy has not been recognised at common law. However, recently the High Court has indicated that it may be willing to develop a new tort of invasion of privacy. Several of the justices have stated that the new action would only relate to natural persons, not corporations. This is because the principles said to underpin the right to privacy, autonomy and dignity, are supposedly inapposite to corporations. This article argues that this reasoning is flawed. Neither the right to autonomy nor dignity is capable of underpinning the right to privacy. Hence, no sustainable basis has so far been advanced for restricting the availability of any future tort of invasion of privacy to individuals. This article also questions whether a separate tort is needed in view of the protection already provided to the privacy interests of individuals and corporations under the equitable doctrine of confidence.

Facilitating online privacy on eCommerce websites: an Australian experience

As traditional organizations using their websites for eCommerce transactions are increasing at an exponential rate, privacy concerns of users are also on the rise. To gain an insight into these concerns, existing policies and legislation, we conducted the research reported in this paper, in 2003. To augment the literature synthesis, a multiple case study analysis was conducted, based on six large organisations in Australia. Our research findings suggested that in the Australian context, an online privacy policy (OPP) on the website which complies with the Privacy Act, supported by few best practices are reasonably able to address online privacy concerns. However, these findings are restricted in time frame, indicative and relevant in the Australian context. Nevertheless, we hope to stimulate academic research enquiry and discussion forums through this research.

The right to privacy: appealing, but flawed

The right to privacy is not recognised at common law. However, like many  other rights, it has gained increasing prominence and legal recognition  since the explosion in rights-based normative discourse following the  Second World War. Rights-based moral theories are appealing because their language is individualising; promising to expand the sphere of liberty and protection offered to people. It is therefore not surprising that we as  individuals are attracted to such theories - they allow us a vehicle through  which we can project our wishes and demands onto the community. While in abstract the right to privacy sounds appealing, it has many potential  disadvantages. This article examines the justification for the right to privacy. It argues that either the right is illusory (devoid of an overarching doctrinal rationale) or at its highest the right to privacy is an insignificant right - one which should rarely trump other interests. It follows that there is a need to re-assess the desirability of introducing a separate cause of action protecting privacy interests.

Foucault's 'What is an author' : towards a critical discourse of practice as research

A vexed issue for many artistic researchers is related to the need for the artist/researcher to write about his or her own work in the research report or exegesis. In the creative arts, the outcomes that emerge from an alternative logic of practice are not easily quantifiable and it can be difficult to articulate conclusions objectively given the emotional and ideological investments and the intrinsically subjective dimension of the artistic process. How then, might the artist as researcher avoid on the one hand, what has been referred to as 'auto-connoisseurship', the undertaking of a thinly veiled labour of valorising what has been achieved in the creative work, or alternatively producing a research report that is mere description or history?

In this paper I suggest that a way of overcoming such a dilemma is for creative arts researchers to shift the critical focus away from the notion of the work as product, to an understanding of both studio enquiry and its outcomes as process. I’d like to draw on Michel Foucault’s essay ‘What is An Author ‘ to explore how we might move away from art criticism to the notion of a critical discourse of practice-led enquiry that involves viewing the artist as a researcher, and the artist/critic as a scholar who comments on the value of the artistic process as the production of knowledge.

Foucault’s essay provides artistic researchers with a template for more objective and distanced discourse on the practice-led research process and its writing. It allows researchers to locate themselves within contexts of theory and practice and provides an analytical framework though which researchers might locate themselves and their work within the broader social arena and field of research, As I will show with reference to the work of Donna Haraway and a number of commentaries on Pablo Picasso’s Demioselles d’Avignon, an application of Foucault’s ideas need not negate those subjective and situated aspects of practice as research.