The Individual and Technology

What are some major legal issues related to technology?

Cyberbullying, sexting, image-based abuse, surrogacy, genetic profiling, jury internet use, cyber crime, privacy, copyright, surveillance, synthetic drugs

What is 'law lag' in relation to technology?

When technology develops faster than laws can keep up, making it difficult for the legal system to regulate effectively

What are some common concerns with internet usage and crime?

Unregulated nature, international reach, fraud, copyright breaches, illegal drug and porn syndicates

What are the characteristics of cyberspace?

Anonymity, creativity, global access and contribution

What is the legal debate surrounding cyberspace regulation?

Whether to take a laissez-faire (hands-off) or interventionist (controlled) approach to regulation

What are the key privacy concerns in cyberspace?

Cyberbullying, cyberstalking, racial hatred, violence, child pornography, misuse of personal data

What does the Privacy Act 1988 (Cth) do?

Regulated the handling of personal information by public sector, large businesses, and certain private entities

What did the 2014 reform of the Privacy Act 1988 aims to address?

Key concerns about how personal information is collected, stored and shared

What types of information are protected under the Privacy Act?

Location, health, communications, and any personal information

What international treaties support the right to privacy?

UN Universal Declaration of Human Rights (1948) and the 1966 International Convention on Civil & Political Rights (Article 17)

What does Article 17 of the ICCPR state?

People should not face unlawful interference with privacy or attacks on their honour; they are entitled to legal protection

Is the right to privacy mentioned in the Australian Constitution?

No, neither federal nor state constitutions explicitly mention privacy

What makes privacy law complex in Australia?

It's covered by a combination of Commonwealth, State, and Territory laws, plus common law like breach of confidence

What is the role of the Office of the Australian Information Commissioner?

Oversees and enforces privacy laws under the Privacy Act

What areas are affected by privacy laws in Australia?

Credit reporting, medical records, tenancy blacklists, criminal convictions

What is a key legal concern about online safety for children?

Protection from harmful content and online predators (e.g. grooming in chat rooms)

Why is balancing online content regulation and free speech difficult?

Because restricting harmful content can also limit freedom of expression

What is genetic profiling?

The analysis of DNA to identify individuals, used in crime, medicine, insurance, and research

What are the ethical and legal concerns with genetic profiling?

Privacy, consent, insurance discrimination, and the potential misuse of genetic data