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.

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.

Principles of contemporary corporate governance

Aims at providing a concise presentation of key topics and emerging themes in corporate governance. The text provide both law and business students, as well as practitioners of law and management, with an easy to follow explanation and analysis of key corporate governance principles.

International commercial law : principles and practices

International Commercial Law: Principles and practices considers the multifaceted nature of international commercial law and explains the rules, principles, policies and practices that comprise this area of law and the wide-ranging influences that shape it

The book provides an extensive analysis of the wider policy, moral, economic and political considerations underpinning international commercial law.
- It analyses and evaluates existing standards and practices, and suggests proposals for reform.
- It encourages readers to make informed judgments regarding the interpretation of relevant legal standards and to make predictions about how the law is likely to develop.

The implementation of OECD corporate governance principles in post-crisis Asia

The recent OECD Principles on Corporate Governance provide a framework for the convergence of global corporate governance practice. This paper considers the implementation of these global ‘best-practice’ standards of governance as part of the continuing post-economic-crisis reform throughout Asia. These initiatives have explicitly acknowledged that no single model of governance can exist, and instead have focused on those elements apparently common and, therefore, applicable to all countries. Notwithstanding the existence of these elements, this paper investigates the difficulties involved when attempting to implement general rules across countries at different stages of economic and legal development. While implementation will be hindered by obvious cultural disparities, long-term change in practice requires a cultural shift in the philosophical and financial bases of the firm.

Overcoming principles: dialogue in business ethics

Basing itself upon a virtue-ethics approach, this paper questions the value of syllogistic or deductive approaches to teaching business ethics and to the modelling of the kinds of judgments that executives are asked to make in situations of moral complexity. It urges that the teaching of ethical theories, of ethical principles, and of logical methods of moral thinking, and the use of hypothetical or historical scenarios, be augmented by the method of `Real Case Dialogue' which more nearly models the eal and intense existential realities of ethical decision making. A brief description of such a dialogue is offered so aslo provide an example.

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.

Australian tort law reform: statutory principles of causation and the common law

By mid-2004, Parliaments in each Australian jurisdiction will either complete or will be in the process of partial codification of the law of torts. The reforms, including those to the law of negligence, are extensive. This article focuses on codification of the law of causation as an element of the cause of action in negligence. It examines the background to "tort reform", as the process has been labelled, and discusses the common law paradigm of negligence and various approaches to causation. It then analyses and compares the causation provisions in each jurisdiction.

An IT Bachelor degree using modern technologies to illustrate core concepts and principles and building generic skills

Information Technology (IT) changes very quickly and influences business, industry and the public in an enormous manner. Outsourcing of IT jobs to cheaper overseas labor and globalization of IT companies become a common practice. Graduates of IT university courses must be well prepared to address the needs and expectations of business, industry and every day life. Many factors in an Information Technology curriculum influence graduates’ professional preparation and image. The most important of them is to reflect technology change, the current state of knowledge of computing, business and industry demands and students’ expectations. The aim of our project was to develop a new Bachelor of IT curriculum that satisfies these requirements. In this report we concentrate our attention on two critical aspects of IT curriculum content, the modern technologies to be used to illustrate basic concepts and principles of computing, and the generic skills that each graduate is expected to acquire to get a job in Australia.

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.