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ARTICLE · 20 JULY 2020

Telecommunications, Media And Technology (TMT) Law Update – Volume 33

On 28 April 2020, the Victorian Civil and Administrative Tribunal ruled that a university had not infringed the Privacy and Data Protection Act 2014 (Vic) when it collected images with sexual content from an employee's computer, ...

AustraliaMedia, Telecoms, IT, Entertainment

JUDGMENTS

VCAT absolves university of privacy infringement.

On 28 April 2020, the Victorian Civil and Administrative Tribunal ruled that a university had not infringed the Privacy and Data Protection Act 2014 (Vic) when it collected images with sexual content from an employee's computer, resulting in a disciplinary process leading to the employee's dismissal: Kerig v Victoria University [2020] VCAT 469. The images were discovered by the university during an investigation into technical issues with the computer. The complainant alleged breaches by the university of Information Privacy Principles 1 (Collection), 2 (Use and Disclosure), 3 (Data Quality), 4 (Data Security), 5 (Openness) and 10 (Sensitive Information). The Tribunal considered that the collection of the images by the university was necessary in order to ensure that the operator was complying with university policies. The complainant was aware of the university's policies in relation to personal use

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