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Advertising laws and ethics
Advertising laws and ethics
Advertising laws and ethics
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The privacy of Australian citizens is protected by the Privacy Act (1988) and the Privacy Amendment Bill of 2012. This amendment took effect in March of 2014. The amendment to the Privacy Act includes a set of principles known as the Australian Privacy Principles (APP). These 13 principals apply to government agencies and organizations including the private sector (these are referred to as entities) and offer significant protection to Australians when online. However due to constantly evolving technology, lack of specific laws regarding online behavioural advertising and exemptions to the Privacy Act, the laws regarding online privacy may not be as comprehensive as they may seem.
APP 1 states that entities must have in place an effective procedure in place to deal with inquires and complaints. They must have a privacy policy in place that is clear and easily accessible free of charge. The privacy policy must include details of: the specific kinds of information, the purpose for which the entity collects information and how an individual can access
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Entities must have a simple means by which an individual can readily request not to receive direct marketing from the entity and ensure that personal information about the individual is not provided to third parties for direct marketing.
APP 8 states if an Australian entity intends to disclose personal information to an overseas entity the Australian entity must ‘take such steps as are reasonable in the circumstances to ensure’ that the overseas entity complies with the APPs. If the overseas entity does not comply with the Australian Privacy Principals, then the Australian entity is accountable and liable as if it had not complied itself.
APP 11 concerns the security of personal information. This principle states that an entity must take ‘reasonable’ steps to protect personal information it holds from ‘misuse, interference, loss, unauthorised access, modification or
The Australian Consumer Law (ACL) was established to protect consumers in any legal trading activities in Australia. A set of guarantees has also been introduced for those consumers who are acquiring goods and services from Australian suppliers, importers or manufacturers. The guarantees are intended to ensure that consumers will receive the goods or services they have paid for. If they have problems with the products and services they bought, they are entitled for remedies, such as repair, replacement, and refund.
The merits of both the adversarial and inquisitorial system will be explored throughout this paper. The Australian rule of law best describes as all law should be applied equally and fairly. The five vital operations of the rule of law includes fairness, rationality, predictability, consistency, and impartially. The adversarial system adopts these operations by having a jury decide on the verdict and the judge being an impartial decision maker. In contrast, the inquisitorial system relies heavily on the judge. This can result in abusive power and bias of the judge when hearing evidence and delivering verdicts. The operations of the rule of law determine why the rule of law is best served by the adversarial system in Australia.
Privacy postulates the reservation of a private space for the individual, described as the right to be let alone. The concept is founded on the autonomy of the individual. The ability of an individual to make choices lies at the core of the human personality. The Supreme Court protected the right to privacy of prostitute. The autonomy of the individual is associated over matters which can be kept private. These are concerns over which there is a legitimate expectation of privacy. Privacy has both a normative and descriptive function. At a normative level privacy sub-serves those eternal values upon which the guarantees of life, liberty and freedom are founded. At a descriptive level, privacy postulates a bundle of entitlements and interests
The Data Protection Act 1998 places controls on the length of time, who has access, and how much personal information can be stored on an individual by organisations, businesses and the Government. Any private information must be kept secure in compliance with the law. This ensures the individual’s right to privacy and confidentiality is upheld. (Gov.uk.
“They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”(Benjamin Franklin). Privacy is considered a civil liberty issue. It reflects the American fundamental values such as civil liberties, limited government, and individualism. It covers the whole range of civil liberties spectrum and it holds every aspect of our life. It plays a major role on our daily lives and it is also a main structure in the future of democratic political system (Wemmer, 2012.) Privacy has evolved overtime, privacy can be interpreted from the First ,Third, Fourth, Fifth, Ninth, Fourteenth Amendments in the Constitution; however Americans don’t consider the importance of privacy until cases such as Griswold v. Connecticut (381 U.S. 479, 1965), Roe v. Wade (410 U.S. 113, 1973), Mapp v. Ohio (367 U.S. 643, 1961) are brought to the court.
In this report I am going to talk about the rights people have to privacy and about the laws that go with privacy. Privacy is the thought that information that is confidential that is disclosed in a private place will not be available to third parties when the information would cause embarrassment or emotional distress to a person.
The word “privacy” did not grow up with us throughout history, as it was already a cultural concept by our founding fathers. This term was later solidified in the nineteenth century, when the term “privacy” became a legal lexicon as Louis Brandeis (1890), former Supreme Court justice, wrote in a law review article, that, “privacy was the right to be let alone.” As previously mentioned in the introduction, the Supreme Court is the final authority on all issues between Privacy and Security. We started with the concept of our fore fathers that privacy was an agreed upon concept that became written into our legal vernacular. It is being proven that government access to individual information can intimidate the privacy that is at the very center of the association between the government and the population. The moral in...
The finding of this report are based on four different factors for different factor for analysis of personal data protection and personal data privacy. The first is current regulations, which ……
As society has progressed, there have been many new innovative and unbelievable developments in almost all aspects of life that have ultimately created an impact. More specifically, advancements in technology have rather had a much larger and intense impact on society as it continues to grow. Technology has allowed for many great and useful applications that has made life much easier and convenient. However, many aspects of technology have given a rise to a number of social and ethical issues, causing numerous debates and concerns. One of the more prominent concerns deals with the issue of privacy rights.
The privacy of the individual is the most important right. Without privacy, the democratic system that we know would not exist. Privacy is one of the fundamental values on which our country was founded. There are exceptions to privacy rights that are created by the need for defense and security.
Perhaps the founder of Facebook, Mark Zuckerberg, said it best when he claimed that privacy is no longer a “social norm.” Virtually everyone has a smart phone and everyone has social media. We continue to disclose private information willingly and the private information we’re not disclosing willingly is being extracted from our accounts anyway. Technology certainly makes these things possible. However, there is an urgent need to make laws and regulations to protect against the stuff we’re not personally disclosing. It’s unsettling to think we are living in 1984 in the 21st century.
Papacharissi, Zizi, and Jan Fernback. "Online Privacy And Consumer Protection: An Analysis Of Portal Privacy Statements." Journal Of Broadcasting & Electronic Media 49.3 (2005): 259-281. Communication & Mass Media Complete. Web. 24 Nov. 2013.
Staff, Proquest. Right of Privacy Timeline. N.p.: Leading Issues Timelines, 2013. N.p. Web. 5 Dec. 2013. .
Hughes, Kirsty. "A Behavioral Understanding of Privacy and Its Implications for Privacy Law." Modern Law Review 75.5 (2012): 806-836. Academic Search Complete. Web. 6 Apr. 2014.
Privacy is the condition where someone personal information can not be documented and be used by others (Parent, 1983). Privacy has been and continues to be a significant issue of concern for both current and prospective electronic commerce customers. The foll...