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Legal Studies

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by

Hannah Blanco

on 5 June 2013

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Transcript of Legal Studies

Legal Studies PRIVACY ISSUES COMPUTER RECORDING SURVEILLANCE PRIVACY? "Judicial Commission Statistics indicate that in 2008 over 100 offenders were prosecuted in the Local Court for Child Pornography offences and over 900 were prosecuted in the District Court.
There is no reason to suspect that these figures will do anything other than increase." LEGISLATION EXAMPLE/S AFFECT PROBLEMS New Brand of Cyber Crimes + computer fraud
+ computer hacking
+ email spam
+ child pornography
+ online stalking R v. Saddler [2008] NSWDC 48 "The Broadcasting Services Amendment (Online Services) Act 1999 (Cwlth)" WHY? "...was created to give power to the Australian Broadcasting Authority to force Australian-based Internet services to regulate controlled materials such as pornography." CHILD PORNOGRAPHY PRIVACY? PRIVACY? Internation Boundaries Legislation's boundaries are limited PRIVACY is still an issue PROBLEMS PROBLEMS EXAMPLE/S EXAMPLE/S LEGISLATION LEGISLATION AFFECT AFFECT + substantial potential to breach the privacy of others:
>photographs
>video footage
... INTERNET (file-sharing) + Generally, taking photographs in public places is permitted
>encourages child pornography Summary Offences Act 1988 (NSW) Crimes Act 1900 (NSW) Criminal Code 1899 (QLD) BASICALLY + when it is illegal to take photographs and video footage

+ punishments, usually: fines or imprisonment PRIVACY is still an issue Limited in ceasing what is shown and taken It's SO easy for criminals to obtain footage
>generally, allowed to take photographs anywhere... + Surveillance is antithetical to privacy + It's almost everywhere
>therefore... privacy is easily breached Workplace Video Surveillance Act 1998 (NSW) Workplace Surveillance Act 2005 (NSW) BASICALLY + Implemented to ensure employees' rights to privacy • “Recording of images should be lawful and fair.

• The purpose of CCTV should be widely known.

• The images and information obtained from CCTV should only be used for the purpose for which it was recorded. For example, if a company installs CCTV to stop theft it should not be used to check that employees are wearing the correct uniform.

• People should be made aware that they are being recorded by CCTV. Notices indicating that CCTV is being used in the area should always be displayed.” "For example, if persons are disobeying the workplace dress-code, however; the intent of the surveillance was to monitor misbehaviour, employers have the potential to act on what has been seen disregarding the surveillance intent." They can still see you... so, that's stupid. Surveillance is VERY beneficial, therefore they don't WANT to get rid of it. PRIVACY is still an issue IN CONCLUSION PRIVACY is still an issue...
>yeah, thanks for listening.
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