Liability of Platforms under Australian Privacy Law

Lindsay, D

Liability of Platforms under Australian Privacy Law

Lindsay, D

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Publisher:: Thomson Reuters
Publication Type:: Journal Article
Citation:: Australian Law Journal, 2020, 94, (10), pp. 1-13
Issue Date:: 2020-09-01

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Field	Value	Language
dc.contributor.author	Lindsay, D https://orcid.org/0000-0001-6222-8738
dc.contributor.editor	Kunc, F
dc.date.accessioned	2020-07-14T04:02:12Z
dc.date.available	2020-03-01
dc.date.available	2020-07-14T04:02:12Z
dc.date.issued	2020-09-01
dc.identifier.citation	Australian Law Journal, 2020, 94, (10), pp. 1-13
dc.identifier.issn	0004-9611
dc.identifier.uri	http://hdl.handle.net/10453/141775
dc.description.abstract	Platforms are integral to the lives of Australians. Although the main platforms are subject to Australian privacy law, the law fails to satisfactorily deal with the privacy threats posed by them. Serious weaknesses in the law were identified in the Australian Competition and Consumer Commission’s report on Digital Platforms, which recommended reforms. Those weaknesses were confirmed, at least in part, by the Commonwealth Government response to the Digital Platforms report. This article explains and analyses the liability of platform operators under the most relevant Australian privacy law: the Privacy Act 1988 (Cth) and the action for breach of confidence. The article concludes with analysis and observations as to how Australian law relating to platforms might be reformed to more effectively protect the privacy of individual Australians whose information is processed by platform operators.
dc.language	en
dc.publisher	Thomson Reuters
dc.relation.ispartof	Australian Law Journal
dc.rights	info:eu-repo/semantics/closedAccess
dc.subject	1801 Law
dc.title	Liability of Platforms under Australian Privacy Law
dc.type	Journal Article
utslib.citation.volume	94
utslib.location.activity	Australia
utslib.for	1801 Law
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney
utslib.copyright.status	closed_access	*
pubs.consider-herdc	true
dc.date.updated	2020-07-14T04:02:07Z
pubs.issue	10
pubs.publication-status	In preparation
pubs.volume	94
utslib.citation.issue	10

Abstract:

Platforms are integral to the lives of Australians. Although the main platforms are subject to Australian privacy law, the law fails to satisfactorily deal with the privacy threats posed by them. Serious weaknesses in the law were identified in the Australian Competition and Consumer Commission’s report on Digital Platforms, which recommended reforms. Those weaknesses were confirmed, at least in part, by the Commonwealth Government response to the Digital Platforms report. This article explains and analyses the liability of platform operators under the most relevant Australian privacy law: the Privacy Act 1988 (Cth) and the action for breach of confidence. The article concludes with analysis and observations as to how Australian law relating to platforms might be reformed to more effectively protect the privacy of individual Australians whose information is processed by platform operators.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/141775