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Nearly all businesses + NFP's will tell you that they take your privacy + data security seriously.
How many actually do this?
In our experience and from the increasingly large number of reported data breaches/hacking we consider that the reality is far from the promises made.
There is a chance that your personal information has been compromised and you are not even aware this has occurred.
Unless a small business or NFP "opts-in" to be regulated by Australian Privacy legislation {here is a link to search for small businesses + NFP's who have publicly opted-in), only businesses or NFP's that “trade in” personal information or have an annual turnover of more than $3 million or those businesses dealing with specific sensitive categories of personal information such as healthcare, financial, or Tax File Number data are regulated.
This means that many small businesses or NFP's you deal with are unregulated.
Only Data Breaches which could result in serious harm need to be reported to the OAIC and yourself.
This means that many data breaches are not reported.
In circumstances where you do become aware of a privacy/data breach you can instruct our law firm to lodge a complaint with the organisation or agency who has mishandled your personal information.
This will increase your chance of obtaining a written apology together with compensation for your non-economic loss and reimbursement for your reasonably incurred expenses (such as your legal costs).
If there is no response within 30 days your complaint can be taken to the Office of the Australian Information Commissioner (OAIC) who has awarded non-economic compensation of between $1 - $20k per breach depending upon the facts of the matter.
For more background information about Privacy Policies + Australian Law please click here to read the article by James D. Ford, GAICD of Blue Ocean Law Group℠ in his capacity as iubenda Legal Network Partner in Australia + New Zealand.
Blue Ocean Law Group℠ also collaborates with iubenda to present regular free webinars entitled:
“How to make your website/app easily compliant with Australian Law?”
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By the time you approach a lawyer to assist with your civil legal dispute you may have already discussed the matter in detail or sent text messages/emails to the other party, their agent, insurance company or lawyers.
Whilst you might think you are progressing the matter:
➲ This is generally a mistake!
Most people [unless they are experienced in litigation or legal dispute resolution] will unknowingly proceed to make these communications with the other side on an "open” basis.
This means that everything that is said or written might be capable of being used by the other parties in any subsequent legal proceedings.
It is generally known that in any criminal matter, you have the “right to remain silent …” as this is well-covered territory on TV/Movie Legal Dramas and in the media.
When it comes to civil disputes we recommend you adopt the same position.
Our advice may be spot on when it comes to large $$ civil disputes.
When the matter is only a minor one, you may not want to go to the time and/or expense of engaging legal advice specific to your situation.
Q: How then can you proceed?
A: Very carefully, and with the assistance of some very specific legal phraseology which you may or may not have seen before.
Please refer to our blog article “How to cast a magic legal spell? The protection afforded by Without Prejudice Settlement Negotiations." for more information.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
In late 2016, Aon announced the first Australian “After the Event” (ATE) policy for claimants looking to protect themselves against a loss at trial through underwriter Ironshore Australia Pty Ltd.
ATE insurance protects claimants, whether a client or a law firm, by partially deferring payment of the premium, and payment is contingent on the success of the claim.
Eden Fletcher, National Financial Lines Placement Manager, Aon Risk Solutions Australia said this was a significant step for the Australian legal system.
“ATE insurance has been established in the UK for some time and Australian clients have been able to access the cover by going abroad. However, the overseas policies are not made with the Australian market and legislative system in mind. By being able to now access the product here, it will give clients comfort the product is fit for purpose, and is commissioned by local lawyers,” he said.
“Australia has become the most likely jurisdiction outside of the USA in which a corporation will face significant class action litigation. The risks and costs of fighting these cases are high, most are settled before they reach the courts. With a local solution now available, this provides solicitors with an opportunity to take on more cases as their client’s representative, given the client will have the protection of this insurance,” Mr Fletcher said.
The intention of this policy is not to encourage litigation, since premiums provide an incentive to settle early rather than progress deeper into trial, with the rate varying according to the stage at which the litigation is settled.
“We believe ATE insurance will be eagerly explored by law firms acting for the claimant, as it will make a higher percentage of potential class actions even more viable than present, subject to the merits of the case. When there is ATE insurance behind the case, it validates the case has a reasonable chance of success given Ironshore’s due diligence and underwriting methodology,” Mr Fletcher said.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
