MLM735 In Depth Notes - D

Description

Table of Contents – MLM735: Privacy & Data Law Introduction to Privacy * Introduction * When Did Privacy Emerge? * The “Privacy Is Dead” Myth * Privacy Is Not Dead – It Is Contested * Privacy as Social Power * Instrumental Values of Privacy * What Does Privacy Cover? * Privacy as “Rules for Human Information” * Privacy as a Foundation of Trust * Privacy in International Treaties * Privacy at Common Law Data Protection Frameworks * Privacy vs Data Protection * Transparency vs Opacity * OECD Guidelines (1980) * Impact of OECD Guidelines * The Privacy Act 1988 (Cth) * Personal Information * Privacy Act and the Private Sector * Objects of the Privacy Act * Australian Privacy Principles (APPs) * State Privacy Legislation * Health Records Legislation * Privacy Act: Privacy or Data Protection? * Privacy Regulators Privacy and the Deceased * Privacy for the Deceased * Health Records and the Deceased * Privacy Act Review and Deceased Persons * Academic Critique of Post-Mortem Privacy Development of Privacy Law * Metadata and Personal Information * Privacy Commissioner v Telstra * Administrative Appeals Tribunal Decision * Full Federal Court Decision * Critique of the Telstra Approach * ACCC Digital Platforms Inquiry * Academic Commentary on Metadata Privacy Act Review and Reform * Background to the Privacy Act Review * Review Timeline * Privacy Act Review Report * Government Response * Legislative Reform: Tranche 1 * Statutory Tort of Serious Invasion of Privacy * Remedies and Threshold Requirements * Proposed Changes to “Personal Information” Privacy Impact Assessments and Data Flows * Privacy Impact Assessments (PIAs) * Privacy-by-Design * Data Flows * Legal Authority to Use and Disclose Data * PIA Risk Assessment * Risk Mitigation and Governance Privacy as a Human Right – Australia and Beyond * Privacy as a Human Right * Data Protection in Europe * GDPR Framework * Specific GDPR Provisions * Privacy and Data Protection in the United States * Transborder Data Flows * Schrems Decisions * Privacy and Human Rights in Australia * Federal Bill of Rights Debate * Panopticon and Surveillance Data Governance for Lawyers * Data Governance * Organisational Data Risks * Productivity Commission Report * Social Licence * Data Availability and Transparency Act 2022 * Consumer Data Right * Data Classification Frameworks * Data Sharing Agreements * Compliance and Approval Processes Data Security * Reasonable Steps Obligations * OAIC Investigations * Data Security Standards * Security Monitoring * Security Testing Data Breaches * What Is a Data Breach? * Notifiable Data Breaches Scheme * Incident Response and Playbooks * OAIC Enforcement Powers * Major Australian Data Breaches * Privacy Act Review and Enforcement * Mandatory Notification Regimes Biometrics * Government Identity Verification * Facial Recognition * Biometrics in Retail * Age Assurance Technologies * Phone Biometrics and Passkeys Digital Identity * Digital ID Act 2024 (Cth) * Trusted Digital Identity Framework * Verifiable Credentials * Encryption and Architecture * Self-Sovereign Identity * Regulatory Compliance * Privacy Implications * Interoperability Artificial Intelligence and Privacy * How AI and LLMs Handle Data * Algorithmic Decision-Making * Robodebt Case Study * Automation Bias and Algorithmic Bias * New ADM Provisions * Agentic AI and Responsibility * Harms of AI * AI and Privacy * AI and Data Governance * AI Ethics * Regulating AI Future Technologies and Privacy * Personal Assistant Robots * Robotics and Care Environments * Online Age Verification * Implanted Technologies * Brain-Computer Interfaces * Quantum Computing and Cryptography * Legal Frameworks for Emerging Technologies