YouTube personality wins revenge porn case in UK relying on breach of confidence, misuse of private information and harassment.

By Peter Clarke There are limits to legislation criminalising revenge porn, the publication of revealing or sexually explicit images or videos of a person posted on the Internet without the consent of the subject in order to cause them distress or embarrassment, without providing the victim with an actionable cause of action. The first limitation is that a complaint to the police may not result in a prosecution. The burden of proof is much higher. In some cases proving the accused took the image or posted it may be an issue though in the typical revenge porn scenario that …read more

Source:: Peter A Clarke

AML/CTF Rules amended

By David Jacobson The Anti-Money Laundering and Counter-Terrorism Financing Rules were amended on 11 January 2018.
The amendments to the Anti-Money Laundering and Counter-Terrorism Financing Rules by the Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2018 (No. 1) include:
When a customer is unable to provide satisfactory evidence of their identity
A new Part 4.15 sets out procedures for reporting entities to follow in certain limited and exceptional circumstances when a customer is unable to provide satisfactory evidence of their identity.
This may include: individuals whose birth was not registered, people who are homeless, undocumented arrivals in Australia, people living in remote areas, people who are …read more

Source:: Bright Law

Introducing Bright Law Regulatory Tracker for financial services providers

By David Jacobson Identifying, tracking and analysing regulatory change is an important role for in-house counsel and compliance officers at financial service providers: finding out what is changing and when and what you need to do about it.
It is important to avoid surprises for the business.
You need to get notification about changes and be able to report those changes and the implications for the business. And then plan for implementation.
I am pleased to announce that Bright Law’s new regulatory tracker builds on our long history of email alerts by giving you a visual record of forthcoming changes to help you prioritise tasks, and …read more

Source:: Bright Law

ATO disclosure of business tax debts to credit reporting bureaus

By David Jacobson Treasury has released an exposure draft of the Treasury Laws Amendment (Tax Transparency) Bill 2018 which will authorise the Australian Taxation Office (ATO) to disclose business tax debts to credit reporting bureaus where the businesses have not effectively engaged with the ATO to manage their debt.
If passed the Bill will amend the Taxation Administration Act to allow taxation officers to disclose the tax debt information of a particular business to credit reporting bureaus when certain conditions and safeguards are satisfied.
The new disclosure arrangements will apply to taxpayers being a business with an ABN, and having a tax debt, of which …read more

Source:: Bright Law

January: The time when things go wrong, in Australian hospitals?

By wjmadden “January is the quietest month in Australia. But for hospitals, which provide care 24/7/365, January is a time of big transition. And for patients, that means January is when things are more likely to go wrong.”
Write Stephen Duckett & Greg Moran in the Conversation, in their article entitled “Why you should avoid hospitals in January“. They include a graph showing the trend in complications in Australian hospitals over the past few years. It reveals a small but clear “January Effect”. …read more

Source:: Bill Madden

UK Government opts for sensible approach in permitting researchers test anonymisation measures

By Peter Clarke The mantra by regulators that data which is anonymised can be used for research and published has resulted in significant embarrassment when said anonymisation resulted in re identification. It has spawned a busy subset of academic articles on how this happens and generally advising caution, see for example All or Nothing: The False Promise of Anonymity in the Data Science Journal.
Re identification occurs were there has been insufficient de identification and the methods of re identifying are generally one or both of pseudonym reversal or by combing data sets.
In Australia the Government introduced the Privacy Amendment (Re-identification Offence) Bill …read more

Source:: Peter A Clarke

New ASIC fees model

By David Jacobson Treasury has published a Consultation Paper on ASIC’s regulatory fees-for-service model that will apply from 1 July 2018.
The fees relate to ASIC regulatory costs that are directly attributable to a single, identifiable, entity. Examples of activities that will be charged through a regulatory fee include licences, registrations and approvals.
The fee will be additional to the new annual regulatory levies for an industry sector or subsector.
Under fees-for-service model for ASIC’s regulatory activities for individual entities, ASIC will charge a fee for:
• licensing application or variations services;
• application for registration services;
• requests for changes to market integrity rules or procedures;
• the processing …read more

Source:: Bright Law

Financial Adviser Qualifications

By David Jacobson The Financial Adviser Standards and Ethics Authority has published proposed guidance on the qualifications that existing financial advisers and new entrants will need to meet to comply with section 921C of the Corporations Act.
The Standards Authority proposes that the requirement for existing advisers to meet their education and training standards obligation as a relevant provider, is that they:
1) have already satisfied the Education Standard requirement if they hold an approved qualification (i.e. one that is on the FASEA/FPEC approved register), or
2) have completed, by 1 January 2024, an AQF7 qualification (ie a university degree) that is an approved qualification (i.e. …read more

Source:: Bright Law

Case note: FOI access to credit licence application

By David Jacobson In Maurice Blackburn Lawyers and Australian Securities and Investments Commission [2017] AICmr 111 Maurice Blackburn unsuccessfully applied for a review of ASIC’s refusal to provide Freedom of Information Act access to documents relating to Australian Credit Licences held by two Cash Converters entities being sued by Maurice Blackburn’s clients.
Cash Converters argued that disclosure of the documents would found an action for breach of confidence by it against ASIC, and would involve an unreasonable disclosure of personal information and adversely affect their business affairs.
ASIC accepted the exemption claim but Maurice Blackburn argued they were entitled to a copy of one document …read more

Source:: Bright Law