2.3 Contemporary Issue: The Individual & Technology

Question 1

what is the issue of the impact of technology on individuals?

Answer 1

one of the most important issues that we all face today - especially concerning digital technology.

Question 2

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?

Answer 2

business, communication, education, etc

Question 3

what have changes & developments within digital tech since the 1990s placed pressure on?

Answer 3

on both domestic and international legal systems

Question 4

what is the internet the most important regarding?

Answer 4

most important technological developments in terms of the law

Question 5

digital tech & cyberspace are major areas of interest for who?

Answer 5

citizens and law-makers

Question 6

what does ‘cyberspace’ mean?

Answer 6

the ‘environment’ in which electronic communication occurs; the culture of the internet.

Question 7

what does ‘internet’ mean?

Answer 7

a global network of interconnected computer networks that allows users to obtain and share information in a number of ways

Question 8

what are biometrics?

Answer 8

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)

Question 9

what are three of the Australian Privacy Foundation’s concerns regarding the use of biometric data?

and “Experts sound alarm… biometric data” ABC (2018)

Answer 9

invasions of privacy, security of data (prone to fraud and identity theft), power imbalance between individuals and organisations

Question 10

what is ‘uberveillance’?

Answer 10

people are constantly being monitored (e.g. by CCTV, metadata, and social media)

Question 11

under what act is biometric information classified as sensitive information?

Answer 11

the Privacy Act (1988)

Question 12

what must a company do/have if the Privacy Act covers the organisation collecting data?

Answer 12

it must ask for your consent & make sure it has a high level of privacy protection.

Question 13

what are the issues with giving FREE consent to the use of biometric information in the workplace?

Answer 13

disparity in power in employment relationships → may consent only to keep their job out of fear they may lose it if they don’t.

Question 14

what is the case citation regarding biometric data?

Answer 14

Lee v Superior Wood (2019)

Question 15

what was SW requiring Mr Lee to do as part of his employment?

Answer 15

to give his fingerprints to the employer as a part of a new work sign-in

Question 16

what did the Commissioner find at first instance and on what basis regarding Lee v Superior Wood (2019)?

Answer 16

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.

Question 17

what were Mr Lee’s arguments regarding the appeal?

Answer 17

that the data is his, and that he owns it so therefore the company cannot take it without his consent.

Question 18

what did the Full Bench find and for what reasons regarding Lee v Superior Wood (2019)?

Answer 18

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

Question 18

what were SW’s arguments regarding the appeal?

Answer 18

that he needed to know who was on the premises and when for safety reasons

Question 19

what are security and surveillance (CCTV cameras) used for (generally)?

Answer 19

used to monitor individuals’ digital and physical actions and communications.

Question 20

what are security and surveillance (CCTV cameras) used for (relating to the law)?

Answer 20

they are designed to help prevent and detect crime.

Question 21

what is a legal implication of security/CCTV cameras?

Answer 21

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.

Question 21

what does the Surveillance Devices Act 2007 (NSW) not take into consideration, as it doesn’t explicitly state something?

Answer 21

this only takes into consideration vision meaning that if a CCTV camera is set up without an audio recording device, that is legal.

Question 21

what is a positive of security/CCTV cameras?

Answer 21

it is significantly useful at catching crimes in the act, which protects individual rights, keeping society safe, and providing justice for the victim

Question 21

what is the main legislation relating to CCTV cameras (later amended)?

Answer 21

Surveillance Devices Act 2007 (NSW)

Question 21

what is the amendment of the Surveillance Devices Act 2007 (NSW)?

Answer 21

Surveillance Devices Amendment (Statutory Review) Bill 2018

Question 22

what case study is relevant to security and surveillance (CCTV cameras) technology?

Answer 22

R v Gittany (2013)

Question 23

why is R v Gittany (2013) relevant to security and surveillance (CCTV cameras) technology?

Answer 23

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.