Confidentiality/Privacy

Question 1

What are the necessary elements of confidentiality?

Answer 1

Quality of Confidence
Actual or Threatened Unauthorised Use
Circumstances give rise to duty of confidence

Question 2

What does Quality of Confidence mean?

Answer 2

Information of a kind that has rights to not be shared

Question 3

What other element can be included in appropriate cases?

Answer 3

Identify the information

Question 4

What element is relevant to government cases?

Answer 4

Disclosure is contrary to public interest

Question 5

Explain ‘information recieved in circumstances giving rise to obligation of confidence’

Answer 5

When a reasonable person (in the shoes of the recipient) could’ve realised the information given was in confidence - it is sufficient to impose upon recipient the equitable obligation of confidence’

Question 6

Can a third party become bound by the confidence obligation?

Answer 6

Yes - it will depend on the circumstances. They’re restrained from using information once aware it’s confidential.

Question 7

What if information is obtained by surreptitious?

Answer 7

May be enough to put third party on at least constructive notice of a breach of confidence or wrongdoing.

Question 8

What is the element appropriate in some cases, in detail?

Answer 8

Identifying the specific information that was confidential and breached

Question 9

What are the defences for a breach of confidence?

Answer 9

Only one in Aus -where secret information is disclosed to reveal an ‘inquity’

Question 10

Define ‘inquity’

Answer 10

Person who’s seeking confidientiality is doing so to prevent diclosure to a third party with a real or direct interest in redressing the crime, wrongdoing or misdeed

Question 11

what are the remedies for breach of confidence?

Answer 11

only the confider can obtain a remedy. Options are injunction and damages

Question 12

What is information privacy?

Answer 12

Theres State and Federal for ‘personal information’
State applies to collection, use and disclosure of information by State public sector agencies
Federal applie to Federal public sector agencies an private organisations - Entertainment industries fall under this one

Question 13

Define ‘personal information’

Answer 13

Information or opinion whether true or false, about an individual whose identity is apparent or can reasonably be ascertained from information or opinion

Question 14

Whats prohibited in communication privacy?

Answer 14

Intercepting communication passing over telecommunication system. Listening or recording of a private conversation that the party is not involved in.

Question 15

Define ‘private conversation’

Answer 15

A conversation between one person to another person(s) in a fashion that indicates conversation is only to be listened to by parties involved

Question 16

What are the exceptions to the interception of a private conversation

Answer 16

Using a liscenced device with a warrant or authority, Also, unintentionally overhearing a conversatino

Question 17

What are the laws on recording a conversation?

Answer 17

Prohibitations against persons communicating/publishing conversation from unlawflu use of a listening device. Doesn’t prohibit recording of conversation by party in conversation - does prohibit exposure to a third party

Question 18

What are the exceptions of sharing a recorded conversation to third party?

Answer 18

Another party to the converstion with expressed or implied content by all parties involved. Made course in legal proceedings - no more than is reasonably necessary in public interest, performance of a duty of person making communication and for protection and a person reasonably believed to have interest in the conversation

Question 19

How can Personal Privacy occur?

Answer 19

Unreasonable intrusion, public disclosure of private facts, publicity which presents plaintiff in a false light in public eye and appropriation of plaintiff’s name or image

Question 20

What are the four elements of the tort for unreasonable intrusion?

Answer 20

• A willed act by the defendant
• Intrudes upon the privacy or seclusion of the plaintiff
• In a manner which can be considered highly offensive
• Cause plaintiff detriment in the form of mental physiological or emotional harm or distress or which prevents or hinders plaintiff from doing an act which they’re lawfully entitled to

Question 21

What other protection for a person is there?

Answer 21

Defamation, trespass to land and breach of confidentiality

Question 22

What are the remedies for a breach of privacy?

Answer 22

Damages and where appropriate “Aggravated” or “Exemplary” damages
Injunction for film, photo, tape, Interview during course of trespass, self-help may be invoked to forcibly eject a trespasser