2.3 Contemporary Issue: The Individual & Technology Flashcards
Depth Study: Biometric Data, and Security and Surveillance (CCTV Cameras)
what is the issue of the impact of technology on individuals?
one of the most important issues that we all face today - especially concerning digital technology.
21st century, we depend on tech/internet across all realms of activity. what are some examples of these activities we rely on the internet for?
business, communication, education, etc
what have changes & developments within digital tech since the 1990s placed pressure on?
on both domestic and international legal systems
what is the internet the most important regarding?
most important technological developments in terms of the law
digital tech & cyberspace are major areas of interest for who?
citizens and law-makers
what does ‘cyberspace’ mean?
the ‘environment’ in which electronic communication occurs; the culture of the internet.
what does ‘internet’ mean?
a global network of interconnected computer networks that allows users to obtain and share information in a number of ways
what are biometrics?
physical or behavioural human characteristics that can be used to digitally identify a person to grant access to systems, devices or data (e.g. facial patterns, fingerprints, voice recognition)
what are three of the Australian Privacy Foundation’s concerns regarding the use of biometric data?
and “Experts sound alarm… biometric data” ABC (2018)
invasions of privacy, security of data (prone to fraud and identity theft), power imbalance between individuals and organisations
what is ‘uberveillance’?
people are constantly being monitored (e.g. by CCTV, metadata, and social media)
under what act is biometric information classified as sensitive information?
the Privacy Act (1988)
what must a company do/have if the Privacy Act covers the organisation collecting data?
it must ask for your consent & make sure it has a high level of privacy protection.
what are the issues with giving FREE consent to the use of biometric information in the workplace?
disparity in power in employment relationships → may consent only to keep their job out of fear they may lose it if they don’t.
what is the case citation regarding biometric data?
Lee v Superior Wood (2019)
what was SW requiring Mr Lee to do as part of his employment?
to give his fingerprints to the employer as a part of a new work sign-in
what did the Commissioner find at first instance and on what basis regarding Lee v Superior Wood (2019)?
found the fingerprint scanning system was a reasonable policy; therefore, the sawmill company had a right to require employees to comply with it - and to dismiss those who didn’t.
what were Mr Lee’s arguments regarding the appeal?
that the data is his, and that he owns it so therefore the company cannot take it without his consent.
what did the Full Bench find and for what reasons regarding Lee v Superior Wood (2019)?
they found that there was no valid reason for the termination and that the contract did not include the Policy as it was implemented 4 years after the working contract had been signed
what were SW’s arguments regarding the appeal?
that he needed to know who was on the premises and when for safety reasons
what are security and surveillance (CCTV cameras) used for (generally)?
used to monitor individuals’ digital and physical actions and communications.
what are security and surveillance (CCTV cameras) used for (relating to the law)?
they are designed to help prevent and detect crime.
what is a legal implication of security/CCTV cameras?
it may infringe on the individual privacy rights of others if the individual is unaware of being captured by the camera, which is then transmitted to the owner.
what does the Surveillance Devices Act 2007 (NSW) not take into consideration, as it doesn’t explicitly state something?
this only takes into consideration vision meaning that if a CCTV camera is set up without an audio recording device, that is legal.
what is a positive of security/CCTV cameras?
it is significantly useful at catching crimes in the act, which protects individual rights, keeping society safe, and providing justice for the victim
what is the main legislation relating to CCTV cameras (later amended)?
Surveillance Devices Act 2007 (NSW)
what is the amendment of the Surveillance Devices Act 2007 (NSW)?
Surveillance Devices Amendment (Statutory Review) Bill 2018
what case study is relevant to security and surveillance (CCTV cameras) technology?
R v Gittany (2013)
why is R v Gittany (2013) relevant to security and surveillance (CCTV cameras) technology?
the law responded to the murder of Lisa Harnum through the use of CCTV footage which revealed that Gittany had lifted Harnum over the balustrade & “unloaded” her, over the edge, where she fell to her death.
