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aus+uk / aus.legal / Remedies for privacy breach

SubjectAuthor
* Remedies for privacy breachSylvia Else
+- Re: Remedies for privacy breachRod Speed
+* Re: Remedies for privacy breachMax
|`* Re: Remedies for privacy breachSylvia Else
| +* Re: Remedies for privacy breachjaouad zarrabi
| |`- Re: Remedies for privacy breachSylvia Else
| `- Re: Remedies for privacy breachMax
+- Re: Remedies for privacy breachPetzl
`* Re: Remedies for privacy breachPeter Jason
 +* Re: Remedies for privacy breachSylvia Else
 |`- Re: Remedies for privacy breachRod Speed
 `- Re: Remedies for privacy breachRod Speed

1
Remedies for privacy breach

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From: syl...@email.invalid (Sylvia Else)
Newsgroups: aus.legal
Subject: Remedies for privacy breach
Date: Mon, 14 Nov 2022 15:27:05 +1100
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 by: Sylvia Else - Mon, 14 Nov 2022 04:27 UTC

If, hypothetically, someone finds health information about me, as leaked
by Medibank, and that someone decides to publish it, I was wondering
what legal remedies I might have.

To my surprise, the answer seems to be none. Even if I identify the
individual, and they are in a useable jurisdiction, there seems to be no
remedy. Not sued. Not forced to take down. Nothing.

Perhaps it would be better to flood the dark web with false information
about everyone. That way any true information would be lost in the noise.

Sylvia.

Re: Remedies for privacy breach

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From: rod.spee...@gmail.com (Rod Speed)
Newsgroups: aus.legal
Subject: Re: Remedies for privacy breach
Date: Mon, 14 Nov 2022 16:12:19 +1100
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 by: Rod Speed - Mon, 14 Nov 2022 05:12 UTC

Sylvia Else <sylvia@email.invalid> wrote

> If, hypothetically, someone finds health information about me, as leaked
> by Medibank, and that someone decides to publish it, I was wondering
> what legal remedies I might have.

> To my surprise, the answer seems to be none.

Why are you surprised about that ?

> Even if I identify the individual, and they are in a useable
> jurisdiction, there seems to be no remedy. Not sued. Not forced to take
> down. Nothing.

That is very arguable. But obviously the culprit needs to have some
assets to be worth suing.

> Perhaps it would be better to flood the dark web with false information
> about everyone. That way any true information would be lost in the noise.

Even sillier than you usually manage and that's saying something.

There is some pollywaffle from Labor about imposing penaltys on
the operations like Medicare and Optus who have some data stolen
but it isnt clear if that might eventually involve some financial benefit
to the individual whose data has been stolen since so far its just
pollywaffle with no legislation even written yet, let alone passed. .

Re: Remedies for privacy breach

<tksq2m$fgr$1@gioia.aioe.org>

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From: max...@invalid.address (Max)
Newsgroups: aus.legal
Subject: Re: Remedies for privacy breach
Date: Mon, 14 Nov 2022 18:17:39 +1100
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 by: Max - Mon, 14 Nov 2022 07:17 UTC

On 14/11/2022 3:27 pm, Sylvia Else wrote:
> If, hypothetically, someone finds health information about me, as leaked
> by Medibank, and that someone decides to publish it, I was wondering
> what legal remedies I might have.
>
> To my surprise, the answer seems to be none. Even if I identify the
> individual, and they are in a useable jurisdiction, there seems to be no
> remedy. Not sued. Not forced to take down. Nothing.
>
> Perhaps it would be better to flood the dark web with false information
> about everyone. That way any true information would be lost in the noise.
>

Would the leaked data be regarded as 'confidential information'?

If so:

"Relief is available against third party recipients of confidential
information"

https://www.alrc.gov.au/publication/for-your-information-australian-privacy-law-and-practice-alrc-report-108/15-federal-information-laws/obligations-of-confidence/

Re: Remedies for privacy breach

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From: syl...@email.invalid (Sylvia Else)
Newsgroups: aus.legal
Subject: Re: Remedies for privacy breach
Date: Mon, 14 Nov 2022 18:39:14 +1100
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In-Reply-To: <tksq2m$fgr$1@gioia.aioe.org>
 by: Sylvia Else - Mon, 14 Nov 2022 07:39 UTC

On 14/11/2022 6:17 pm, Max wrote:
> On 14/11/2022 3:27 pm, Sylvia Else wrote:
>> If, hypothetically, someone finds health information about me, as
>> leaked by Medibank, and that someone decides to publish it, I was
>> wondering what legal remedies I might have.
>>
>> To my surprise, the answer seems to be none. Even if I identify the
>> individual, and they are in a useable jurisdiction, there seems to be
>> no remedy. Not sued. Not forced to take down. Nothing.
>>
>> Perhaps it would be better to flood the dark web with false
>> information about everyone. That way any true information would be
>> lost in the noise.
>>
>
> Would the leaked data be regarded as 'confidential information'?
>
> If so:
>
> "Relief is available against third party recipients of confidential
> information"
>
> https://www.alrc.gov.au/publication/for-your-information-australian-privacy-law-and-practice-alrc-report-108/15-federal-information-laws/obligations-of-confidence/
>

Yes, I initially thought that Part VIII of the Privacy Act provided the
solution. The problem is that Medibank and Optus, for example, are not
agencies within the meaning of the legislation, so this part does not
apply to them, which in turn means that it doesn't apply to anyone who
gets information from them.

Sylvia.

Re: Remedies for privacy breach

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Subject: Re: Remedies for privacy breach
From: jzarrab...@gmail.com (jaouad zarrabi)
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 by: jaouad zarrabi - Mon, 14 Nov 2022 14:41 UTC

El lunes, 14 de noviembre de 2022 a las 8:39:16 UTC+1, Sylvia Else escribió:
> On 14/11/2022 6:17 pm, Max wrote:
> > On 14/11/2022 3:27 pm, Sylvia Else wrote:
> >> If, hypothetically, someone finds health information about me, as
> >> leaked by Medibank, and that someone decides to publish it, I was
> >> wondering what legal remedies I might have.
> >>
> >> To my surprise, the answer seems to be none. Even if I identify the
> >> individual, and they are in a useable jurisdiction, there seems to be
> >> no remedy. Not sued. Not forced to take down. Nothing.
> >>
> >> Perhaps it would be better to flood the dark web with false
> >> information about everyone. That way any true information would be
> >> lost in the noise.
> >>
> >
> > Would the leaked data be regarded as 'confidential information'?
> >
> > If so:
> >
> > "Relief is available against third party recipients of confidential
> > information"
> >
> > https://www.alrc.gov.au/publication/for-your-information-australian-privacy-law-and-practice-alrc-report-108/15-federal-information-laws/obligations-of-confidence/
> >
> Yes, I initially thought that Part VIII of the Privacy Act provided the
> solution. The problem is that Medibank and Optus, for example, are not
> agencies within the meaning of the legislation, so this part does not
> apply to them, which in turn means that it doesn't apply to anyone who
> gets information from them.
>
> Sylvia.
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WhatsApp: 0034651884888
yamalk@yahoo.es

Re: Remedies for privacy breach

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From: syl...@email.invalid (Sylvia Else)
Newsgroups: aus.legal
Subject: Re: Remedies for privacy breach
Date: Tue, 15 Nov 2022 03:21:50 +1100
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 by: Sylvia Else - Mon, 14 Nov 2022 16:21 UTC

On 15/11/2022 1:41 am, jaouad zarrabi wrote:
> El lunes, 14 de noviembre de 2022 a las 8:39:16 UTC+1, Sylvia Else escribió:
>> On 14/11/2022 6:17 pm, Max wrote:
>>> On 14/11/2022 3:27 pm, Sylvia Else wrote:
>>>> If, hypothetically, someone finds health information about me, as
>>>> leaked by Medibank, and that someone decides to publish it, I was
>>>> wondering what legal remedies I might have.
>>>>
>>>> To my surprise, the answer seems to be none. Even if I identify the
>>>> individual, and they are in a useable jurisdiction, there seems to be
>>>> no remedy. Not sued. Not forced to take down. Nothing.
>>>>
>>>> Perhaps it would be better to flood the dark web with false
>>>> information about everyone. That way any true information would be
>>>> lost in the noise.
>>>>
>>>
>>> Would the leaked data be regarded as 'confidential information'?
>>>
>>> If so:
>>>
>>> "Relief is available against third party recipients of confidential
>>> information"
>>>
>>> https://www.alrc.gov.au/publication/for-your-information-australian-privacy-law-and-practice-alrc-report-108/15-federal-information-laws/obligations-of-confidence/
>>>
>> Yes, I initially thought that Part VIII of the Privacy Act provided the
>> solution. The problem is that Medibank and Optus, for example, are not
>> agencies within the meaning of the legislation, so this part does not
>> apply to them, which in turn means that it doesn't apply to anyone who
>> gets information from them.
>>
>> Sylvia.
> investment opportunity in morocco from 5 M $
> hello everyone , we have offers for investors in morocco , our spanish business and expansion company and there is an agreement with a senior person in charge to realize our goal with total guarantee , so any investor is interested from 5 M $ you can contact us and then You can make an appointment face to face with us in MADRID / SPAIN:
> WhatsApp: 0034651884888
> yamalk@yahoo.es

You're posting THIS to a legal newsgroup? What a moron!

Re: Remedies for privacy breach

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From: max...@invalid.address (Max)
Newsgroups: aus.legal
Subject: Re: Remedies for privacy breach
Date: Tue, 15 Nov 2022 18:20:13 +1100
Organization: Aioe.org NNTP Server
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 by: Max - Tue, 15 Nov 2022 07:20 UTC

On 14/11/2022 6:39 pm, Sylvia Else wrote:
> On 14/11/2022 6:17 pm, Max wrote:
>> On 14/11/2022 3:27 pm, Sylvia Else wrote:
>>> If, hypothetically, someone finds health information about me, as
>>> leaked by Medibank, and that someone decides to publish it, I was
>>> wondering what legal remedies I might have.
>>>
>>> To my surprise, the answer seems to be none. Even if I identify the
>>> individual, and they are in a useable jurisdiction, there seems to be
>>> no remedy. Not sued. Not forced to take down. Nothing.
>>>
>>> Perhaps it would be better to flood the dark web with false
>>> information about everyone. That way any true information would be
>>> lost in the noise.
>>>
>>
>> Would the leaked data be regarded as 'confidential information'?
>>
>> If so:
>>
>> "Relief is available against third party recipients of confidential
>> information"
>>
>> https://www.alrc.gov.au/publication/for-your-information-australian-privacy-law-and-practice-alrc-report-108/15-federal-information-laws/obligations-of-confidence/
>>
>
> Yes, I initially thought that Part VIII of the Privacy Act provided the
> solution. The problem is that Medibank and Optus, for example, are not
> agencies within the meaning of the legislation, so this part does not
> apply to them, which in turn means that it doesn't apply to anyone who
> gets information from them.
>

There might be relief in 'equity', in regard to confidentiality, as
opposed to remedies found in statute.

"Equity can restrain a party from disclosing or making unauthorised use
of information."

"the High Court recognised breach of confidence as an equitable cause of
action in 1984"

https://gibbswrightlawyers.com.au/publications/breach-confidence-contract-law

Re: Remedies for privacy breach

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From: pet...@gmail.com (Petzl)
Newsgroups: aus.legal
Subject: Re: Remedies for privacy breach
Date: Fri, 18 Nov 2022 20:45:48 +1100
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 by: Petzl - Fri, 18 Nov 2022 09:45 UTC

On Mon, 14 Nov 2022 15:27:05 +1100, Sylvia Else <sylvia@email.invalid>
wrote:

>If, hypothetically, someone finds health information about me, as leaked
>by Medibank, and that someone decides to publish it, I was wondering
>what legal remedies I might have.
>
>To my surprise, the answer seems to be none. Even if I identify the
>individual, and they are in a useable jurisdiction, there seems to be no
>remedy. Not sued. Not forced to take down. Nothing.
>
>Perhaps it would be better to flood the dark web with false information
>about everyone. That way any true information would be lost in the noise.
>
>Sylvia.

The MAIN thing is Medibank executives will pocket millions of dollars
in bonuses while they remain fearful their private information could
be published on the dark web.
<https://www.dailytelegraph.com.au/technology/online/medibank-customers-furious-at-tone-deaf-executives-pocketing-bonuses/news-story/ef1fcaaa0ec010ff9dbb11aca9b0781d>
https://tinyurl.com/2l45kk3t
Medibank customers still reeling from having their data accessed by
Russian hackers are furious the insurer’s executives will still
receive their bonuses this year.
Chief executive David Koczkar and other executives will pocket more
than $7.3m in bonuses, despite the sensitive data of almost 10 million
customers – including the Prime Minister – having been breached.
At the health insurer’s annual meeting on Wednesday, chair Mike
Wilkins defended the group’s handling of the major data breach, which
wiped almost $2bn off Medibank’s market value.
Mr Wilkins said any adjustment to remuneration would be considered
next year, after an external review of the heist.
--
Petzl
Good lawyers know the law
Great lawyers know the judge

Re: Remedies for privacy breach

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From: pj...@jostle.com (Peter Jason)
Newsgroups: aus.legal
Subject: Re: Remedies for privacy breach
Date: Sat, 19 Nov 2022 12:26:13 +1100
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 by: Peter Jason - Sat, 19 Nov 2022 01:26 UTC

On Mon, 14 Nov 2022 15:27:05 +1100, Sylvia Else <sylvia@email.invalid>
wrote:

>If, hypothetically, someone finds health information about me, as leaked
>by Medibank, and that someone decides to publish it, I was wondering
>what legal remedies I might have.
>
>To my surprise, the answer seems to be none. Even if I identify the
>individual, and they are in a useable jurisdiction, there seems to be no
>remedy. Not sued. Not forced to take down. Nothing.
>
>Perhaps it would be better to flood the dark web with false information
>about everyone. That way any true information would be lost in the noise.
>
>Sylvia.

Supposedly there would be some "Computer Systems Administrator" in
charge of maintenance, upgrades and checking.
This would be the liable person.

A while ago some hospitals were shut down because of ransomware
attacks, and this turned out to be they're running the old WindowsXP
on all their systems, when WindowsXP was no longer supported by MSoft.
Evidently the required upgrade to the latest version was too
expensive.
Nobody was hanged and I suppose they just paid up.

Doesn't the buck stop with directors? Can they be ousted by
shareholders at the next AGM?

Re: Remedies for privacy breach

<jtqts7Fjpc0U2@mid.individual.net>

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From: syl...@email.invalid (Sylvia Else)
Newsgroups: aus.legal
Subject: Re: Remedies for privacy breach
Date: Sat, 19 Nov 2022 13:37:57 +1100
Lines: 42
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 by: Sylvia Else - Sat, 19 Nov 2022 02:37 UTC

On 19/11/2022 12:26 pm, Peter Jason wrote:
> On Mon, 14 Nov 2022 15:27:05 +1100, Sylvia Else <sylvia@email.invalid>
> wrote:
>
>> If, hypothetically, someone finds health information about me, as leaked
>> by Medibank, and that someone decides to publish it, I was wondering
>> what legal remedies I might have.
>>
>> To my surprise, the answer seems to be none. Even if I identify the
>> individual, and they are in a useable jurisdiction, there seems to be no
>> remedy. Not sued. Not forced to take down. Nothing.
>>
>> Perhaps it would be better to flood the dark web with false information
>> about everyone. That way any true information would be lost in the noise.
>>
>> Sylvia.
>
> Supposedly there would be some "Computer Systems Administrator" in
> charge of maintenance, upgrades and checking.
> This would be the liable person.

The Medibank "hack" was supposedly the result of some senior person's
credentials being stolen.

How that happened has not been explained. Perhaps they were written
down, or just stored in an unencrypted file somewhere.

It's difficult for an IT Administrator to prevent that kind of thing,
even if there are rules. It's doubtful that the person could be sued,
though a sacking should definitely be on the cards if the compromise was
the result of such stupidity.

> Doesn't the buck stop with directors? Can they be ousted by
> shareholders at the next AGM?

The directors wouldn't usually be involved in the day to day operations.
Sacking them would achieve little.

Sylvia.

Re: Remedies for privacy breach

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From: rod.spee...@gmail.com (Rod Speed)
Newsgroups: aus.legal
Subject: Re: Remedies for privacy breach
Date: Mon, 21 Nov 2022 13:28:28 +1100
Lines: 40
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 by: Rod Speed - Mon, 21 Nov 2022 02:28 UTC

On Sat, 19 Nov 2022 12:26:13 +1100, Peter Jason <pj@jostle.com> wrote:

> On Mon, 14 Nov 2022 15:27:05 +1100, Sylvia Else <sylvia@email.invalid>
> wrote:
>
>> If, hypothetically, someone finds health information about me, as leaked
>> by Medibank, and that someone decides to publish it, I was wondering
>> what legal remedies I might have.
>>
>> To my surprise, the answer seems to be none. Even if I identify the
>> individual, and they are in a useable jurisdiction, there seems to be no
>> remedy. Not sued. Not forced to take down. Nothing.
>>
>> Perhaps it would be better to flood the dark web with false information
>> about everyone. That way any true information would be lost in the
>> noise.
>>
>> Sylvia.
>
> Supposedly there would be some "Computer Systems Administrator" in
> charge of maintenance, upgrades and checking.
> This would be the liable person.

Not legally if it was an employee.

> A while ago some hospitals were shut down because of ransomware
> attacks, and this turned out to be they're running the old WindowsXP
> on all their systems, when WindowsXP was no longer supported by MSoft.
> Evidently the required upgrade to the latest version was too
> expensive.

> Nobody was hanged and I suppose they just paid up.

> Doesn't the buck stop with directors?

Nope, not legally.

> Can they be ousted by shareholders at the next AGM?

That can always happen even if they do nothing wrong;

Re: Remedies for privacy breach

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From: rod.spee...@gmail.com (Rod Speed)
Newsgroups: aus.legal
Subject: Re: Remedies for privacy breach
Date: Mon, 21 Nov 2022 13:50:04 +1100
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 by: Rod Speed - Mon, 21 Nov 2022 02:50 UTC

On Sat, 19 Nov 2022 13:37:57 +1100, Sylvia Else <sylvia@email.invalid>
wrote:

> On 19/11/2022 12:26 pm, Peter Jason wrote:
>> On Mon, 14 Nov 2022 15:27:05 +1100, Sylvia Else <sylvia@email.invalid>
>> wrote:
>>
>>> If, hypothetically, someone finds health information about me, as
>>> leaked
>>> by Medibank, and that someone decides to publish it, I was wondering
>>> what legal remedies I might have.
>>>
>>> To my surprise, the answer seems to be none. Even if I identify the
>>> individual, and they are in a useable jurisdiction, there seems to be
>>> no
>>> remedy. Not sued. Not forced to take down. Nothing.
>>>
>>> Perhaps it would be better to flood the dark web with false information
>>> about everyone. That way any true information would be lost in the
>>> noise.

>> Supposedly there would be some "Computer Systems Administrator" in
>> charge of maintenance, upgrades and checking.
>> This would be the liable person.

> The Medibank "hack" was supposedly the result of some senior person's
> credentials being stolen.

> How that happened has not been explained. Perhaps they were written
> down, or just stored in an unencrypted file somewhere.

> It's difficult for an IT Administrator to prevent that kind of thing,
> even if there are rules.

Impossible, actually.

> It's doubtful that the person could be sued,

You can sue anyone, but fat chance of suceeding in that legal action.

> though a sacking should definitely be on the cards if the compromise was
> the result of such stupidity.

Even that isnt really feasible unless the operation provided
some way to secure the credentials and that deliberately
wasnt used.

>> Doesn't the buck stop with directors? Can they be ousted by
>> shareholders at the next AGM?

> The directors wouldn't usually be involved in the day to day operations.

Particularly with an operation like Medicare.

> Sacking them would achieve little.

Would achieve nothing in fact.


aus+uk / aus.legal / Remedies for privacy breach

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