VIC Understanding Beach of Privacy Laws?

Discussion in 'Other/General Law Forum' started by Sandyy04, 16 November 2018.

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  1. Sandyy04

    Sandyy04 Member

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    I own an online secondhand antique and collectable business. Recently, while shopping in an opportunity store, a staff member mentioned they had been shown my online business. I felt this was a breach of my privacy and I was being identified. Is this the case?
     
  2. Rob Legat - SBPL

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    No. Business ownership is publicly available informarion, they haven't accessed any private information, and it's doubtful Privacy Act requirements will apply to the store as it won't have the requisite size.
     
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  3. Sandyy04

    Sandyy04 Member

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    Thank you. Another question. . . . I have accused this staff member at the store of breaching my privacy in a verbal confrontation. Could this be viewed as defaming them in anyway?
     
  4. Tim W

    Tim W Lawyer
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    You were mistaken.
    No.
    1. Perhaps they will claim you have.
    Doesn't make it true.
    My often-recommended reply to non-specific, vague,
    meant-to-intimidate, threats of "legal action" is
    "Well, go on then!"

    2. Don't immediately panic, defamation requires publication.
    If you've accused them face to face, in conversation, and it was just the two of you,
    then no, you may not have defamed them.

    3. You don't have a right to privacy of the kind you think exists here.
    And certainly not as the operator of a business.
    As, say a director of a company, you're details are on the public record.
    As, say, a sole trader, then your market, and certainly, your customers,
    know who you are, or can find out relatively easily, should it be necessary.
    There cannot be a breach of a right that does not, at law, exist.
     
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  5. Sandyy04

    Sandyy04 Member

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    Thank you that has helped clear the matter up for me.
     
  6. Rod

    Rod Lawyer
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    ... and be careful with the staff member else they may accuse you of bullying.
     
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