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Insight

Frivolous & Vexatious find a new friend (Unreasonable) through Australia's privacy reforms

First published in the LexisNexis Privacy Law Bulletin issue 2024 20(10), the article was (less whimsically) entitled "Expansion of Data-Subject-Access-Request (DSAR) Rights Under the Privacy Reforms." The article examines how lawyers and privacy practitioners may be able to rely on a concept from Freedom-of-Information (FOI) law (unreasonableness) to guide them in advising on practical strategies to manage expanded DSAR rights under Australia's privacy reforms.
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Insight

"Performance Data" and the Legal Gymnastics

Data Governance in sport is a bit like the Wild West, where entrepreneurs sign 'prospects' up to contracts that are light on detail - and tend to be even lighter on legalities. And I'm a case in point.  One sporting contract I signed gave me very little ability to negotiate or amend the terms, but it gave the other party virtually unlimited rights to record collect, transmit, measure, use, modify, and alter any information related to my training and race data. This included, but was not limited to heart rate, calorie intake, power output, velocity, cadence, and location data. In the sporting world, this is referred to as "performance data".
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Insight

The power of positive leadership in procurement

Ah procurement! The term often strikes fear into the hearts of every (or at least most) public servant. Adding to these fears are perceptions of complex regulatory and policy frameworks as well as the certainty of an audit. As discussed in previous articles, procurement isn't done well, in general in the APS (or in State/Territory Governments for that matter). However, it doesn't have to be this way - and (most) public servants need not 'live in fear' of procurement. In fact, the opposite should be true - they should embrace procurement, banish the fears and develop a positive approach to procurement and contracting.
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