Academic literature on the topic 'Disclosure of information Law and legislation Australia'

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Journal articles on the topic "Disclosure of information Law and legislation Australia"

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Hamin, Zaiton. "Recent changes to the AML/CFT law in Malaysia." Journal of Money Laundering Control 20, no. 1 (January 3, 2017): 5–14. http://dx.doi.org/10.1108/jmlc-04-2015-0013.

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Purpose The aim of this paper is to examine some of the recent changes to the old anti-money laundering and anti-terrorism financing law, which is now known as the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001. The paper will highlight the newly consolidated money laundering offences and the newly created offences including structuring of transactions or “smurfing”. Also, the transgression of cross-border movement of cash and negotiable instruments and tipping off about a money laundering disclosure will be assessed. Design/methodology/approach Th
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Kucherenko, Oleksii. "FRANCHISING AGREEMENT UNDER THE LEGISLATION OF FOREIGN COUNTRIES." Scientific Notes Series Law 1, no. 9 (2020): 33–37. http://dx.doi.org/10.36550/2522-9230-2020-1-9-33-37.

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The article is devoted to the topical issue of studying the foreign experience of legal regulation of the franchise agreement. The author emphasizes that there is no comprehensive full-fledged regulation of the franchise agreement either in the national legislation of individual EU member states or at the international level. The article focuses on the franchisor's obligation to enter into an agreement to provide future franchisees with information about doing business under the franchise system, including the basic conditions of the franchise, data on the number of franchisees in the network,
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Bartlett, Francesca, and Linda Haller. "Disclosing Lawyers: Questioning Law and Process in the Admission of Australian Lawyers." Federal Law Review 41, no. 2 (June 2013): 227–63. http://dx.doi.org/10.22145/flr.41.2.2.

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Australian lawyers are assessed and admitted to practise at a state and territory level. An important part of that assessment is an applicant's ‘suitability’ for professional practise; also referred to as the ‘character test’ of personal morality. This test requires applicants for admission to disclose relevant information about themselves including past conduct and (in at least one state) mental health status. Very little information about the process of admission is available. Around the country, we do not know how the character test is currently administered, how many applicants reveal past
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Ireland-Piper, Danielle, and Jonathan Crowe. "Whistleblowing, National Security and the Constitutional Freedom of Political Communication." Federal Law Review 46, no. 3 (September 2018): 341–65. http://dx.doi.org/10.1177/0067205x1804600301.

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Whistleblowers promote the values of responsible government and the rule of law by drawing attention to criminal or other forms of wrongdoing in publicly accountable organisations. This article explores the relationship between whistleblowing, national security and the implied freedom of political communication under the Australian Constitution. Legislation such as the Crimes Act 1914 (Cth) (‘ Crimes Act’), the Australian Security Intelligence Organisation Act 1979 (Cth) (‘ ASIO Act’) and the Australian Border Force Act 2015 (Cth) (‘ Border Force Act’) makes it an offence to reveal certain typ
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Stoop, Philip N., and Chrizell Churr. "Unpacking the Right to Plain and Understandable Language in the Consumer Protection Act 68 of 2008." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 5 (May 17, 2017): 514. http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2447.

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The Consumer Protection Act 68 of 2008 came into effect on 1 April 2011. The purpose of this Act is, among other things, to promote fairness, openness and respectable business practice between the suppliers of goods or services and the consumers of such good and services. In consumer protection legislation fairness is usually approached from two directions, namely substantive and procedural fairness. Measures aimed at procedural fairness address conduct during the bargaining process and generally aim at ensuring transparency. Transparency in relation to the terms of a contract relates to wheth
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McDonald, Margaret. "Developments in Adoption Information Legislation in Australia." Adoption & Fostering 16, no. 3 (October 1992): 38–42. http://dx.doi.org/10.1177/030857599201600311.

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The year 1990 saw the enactment of adoption information legislation in Queensland (May 1990) and New South Wales (October 1990), the last of the Australian states to grant rights of access to information. Queensland, sometimes referred to as ‘the deep north’, is customarily seen as the most conservative of the states, so there was considerable surprise that such legislation should have passed through the Queensland Parliament unimpeded, with acclaim from all parties. Margaret McDonald reports.
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Беляева, Ольга, and Olga Byelyayeva. "Contract System: Main Problems of Law Enforcement and Ways of their Overcoming." Journal of Russian Law 3, no. 7 (June 25, 2015): 0. http://dx.doi.org/10.12737/11741.

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The author analyzes institutional and practical shortcomings of the Law on contract system, in particular, legal status of pseudo-customers, examination, information disclosure, warranty obligations, the Blacklist of suppliers. The author draws the conclusion on uselessness of tightening the legislation in relation to public procurement. The author considers “conditional application of the law” to be unacceptable: the applicable law is chosen depending on the background of the origin of money. The author suggests cancellation of the institute of examining contract performance results; and esta
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Ainsworth, Frank, and Patricia Hansen. "Confidentiality in child protection cases Who benefits?" Children Australia 35, no. 3 (2010): 11–17. http://dx.doi.org/10.1017/s1035077200001127.

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Child protection legislation in every Australian state and territory prohibits the disclosure of the identity of a person who acts as a mandatory reporter. There is also provision in most child protection legislation that prevents the naming of children and families in protection cases. It is argued that disclosure is not in the interests of the child, the family or the general public. Children's Court proceedings in most states and territories in Australia are closed to the public so that, unlike in most other jurisdictions, interested parties are not able to observe the proceedings. Child pr
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Beck, Luke. "Fair Enough? That National Security Information (Criminal and Civil Proceedings) Act 2004." Deakin Law Review 16, no. 2 (December 1, 2011): 405. http://dx.doi.org/10.21153/dlr2011vol16no2art108.

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The need to combat terrorism has resulted in a need for changes to the legal process to take account of the realities of national security. One important change has been the introduction of legislation to govern the disclosure of national security-sensitive information to participants in legal proceedings. This, of course, raises a number of issues including concerns about ensuring fairness to the participants. This article considers whether the National Security Information (Criminal and Civil Proceedings) Act 2004 is consistent with the right to a fair trial found in the International Covena
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Fedorova, E. A., Yu I. Grishchenko, A. V. Grishchenko, and P. A. Drogovoz. "Evaluation of information disclosure in annual reports of extractive industry companies." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 4 (2021): 172–76. http://dx.doi.org/10.33271/nvngu/2021-4/172.

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Purpose. To assess how public annual reports of Russian extractive industry issuers comply with the requirements for disclosure of information. To examine how the introduction of Corporate Governance Code affects the level of information disclosure in extractive industries. Methodology. The paper presents the dictionary compiled by the authors using text analysis. The dictionary contains 186 terms which are to be disclosed in compliance with the requirements of Russian law. To evaluate the level of information disclosure in annual reports of extractive industry issuers, the authors calculate m
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Dissertations / Theses on the topic "Disclosure of information Law and legislation Australia"

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Golding, Greg. "The reform of misstatement liability in Australia's laws." Connect to full text, 2001. http://setis.library.usyd.edu.au/adt/public_html/adt-NU/public/adt-NU20040206.161344/index.html.

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Cupido, Robin Vicky. "Misrepresentation by non-disclosure in South African law." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80261.

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Thesis (LLM)--Stellenbosch University, 2013.<br>Bibliography<br>ENGLISH ABSTRACT: This thesis investigates the approach to non-disclosure as a form of misrepresentation in South African law. The primary focus is the question of liability, and whether parties should be able to claim relief based on non-disclosure. In order to determine this, attention is also paid to the standards which have traditionally been employed in cases of non-disclosure, and it is questioned whether a general test can be formulated which could be used in all such instances. The point of departure in this discussi
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Lehmann, Caron Mary. "An evaluation of the time frame of the disclosure process in the evidence of 97 child witnesses in cases in the Belville sexual offences court." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1279.

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When children are sexually abused it usually takes place in concealment. This means that unless the child reveals the abuse, it will remain hidden. This study commences with an examination of the reasons as to why a child may delay the disclosure of sexual abuse. The result of research indicates that there are certain recognisable reasons, which are frequently encountered, as to why a child may either delay telling anyone about his or her experience or as to why s/he may never tell anyone. Traditional assumptions of what are considered normal reactions to sexual abuse are tested. The discussio
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Lin, Devin Sen, and 林森. "Regulation of sales descriptions and information disclosure in off-plan sales in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hub.hku.hk/bib/B50491283.

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廖志漢. "論澳門保密制度的刑事立法保護及其完善". Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2537980.

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錢程. "中國海上保險法中告知義務與英美法系最大誠信原則下相關內容之比較". Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b1643664.

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Honigsberg, Colleen Theresa. "The Surprising Benefits of Mandatory Hedge Fund Disclosure." Thesis, 2016. https://doi.org/10.7916/D83T9HFP.

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Regulators have long disagreed whether regulation would reduce hedge funds’ financial misreporting. On the one hand, critics have stated that hedge funds are unlikely to misreport because their investors are highly sophisticated financial players who can detect and deter financial misconduct. On the other hand, recent changes in the composition of hedge funds’ investors have led many to question this argument. In this paper, I test whether hedge fund regulation reduces misreporting by using a quasi-natural experiment in which a subset of hedge funds was regulated, deregulated, and then regulat
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Bagwandeen, Lynelle. "A critical analysis of the role of disclosure in strengthening corporate governance and accountability." Thesis, 2010. http://hdl.handle.net/10413/5565.

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This dissertation critically analyses the role of disclosure in strengthening corporate governance and accountability to determine whether a prescriptive system of disclosure is of greater efficacy than a voluntary regime. The research undertaken has been done on a qualitative and theory building basis. The purpose of the study is to examine how current and future legal reform can curb corporate governance shortcomings and contribute to a new more dependable mode of corporate governance. This requires a comparative analysis of the South African and English models which are voluntary ('comply o
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"Market supervision by Hong Kong regulators on disclosure of interests and insider dealing." 1999. http://library.cuhk.edu.hk/record=b5889471.

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by Hui Lok Yee Connie.<br>Thesis (M.B.A.)--Chinese University of Hong Kong, 1999.<br>Includes bibliographical references (leaves 92-95).<br>ABSTRACT --- p.iv<br>ACKNOWLEDGEMENT --- p.v<br>TABLE OF CONTENTS --- p.vi<br>Chapter<br>Chapter I. --- INTRODUCTION --- p.1<br>Objectives of Securities Regulations --- p.3<br>Regulatory Framework of the Hong Kong Securities Market --- p.5<br>Objectives of This Study --- p.6<br>Methodology --- p.7<br>Chapter II. --- DISCLOSURE OF INTERESTS --- p.8<br>Development of Securities (Disclosure of Interests) Ordinance in HK --- p.8<br>Disclosure of Inte
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"Disclosure standards of Chinese companies: a comparative study of companies with both A and H shares Listings." Chinese University of Hong Kong, 1997. http://library.cuhk.edu.hk/record=b5889002.

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by Lee Pui-Wah, Josephine.<br>Thesis (M.B.A.)--Chinese University of Hong Kong, 1997.<br>Includes bibliographical references (leaves 41-42).<br>ABSTRACT --- p.ii<br>ACKNOWLEDGEMENTS --- p.iii<br>TABLE OF CONTENTS --- p.iv<br>Chapter<br>Chapter I. --- INTRODUCTION --- p.1<br>Purpose of Study --- p.3<br>Chapter II. --- METHODOLOG --- p.4<br>Approach --- p.4<br>Time Horizon Covered in the Paper --- p.5<br>Assumption --- p.5<br>General Problems of Studies in China --- p.5<br>Chapter III. --- CHINESE SHAREHOLDING REFORM AND OPERATING ENVIRONMENT --- p.6<br>Chinese Legal System --- p.6<b
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Books on the topic "Disclosure of information Law and legislation Australia"

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Trotman, Lindsay G. S. Fair trading: Misleading or deceptive conduct. 2nd ed. Wellington, N.Z: LexisNexis NZ, 2013.

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Ramsay, Ian M. Political donations by Australian companies. Victoria, Aust: Centre for Corporate Law and Securities Regulation, University of Melbourne, 2000.

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O'Reilly, James T. Federal information disclosure. 3rd ed. [St. Paul]: West Group, 2000.

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O'Reilly, James T. Federal information disclosure. 2nd ed. [St. Paul, Minn.]: West Group, 1990.

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Law, International Institute for the Unification of Private. Model franchise disclosure law. Rome: International Institute for the Unification of Private Law, 2004.

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Akindemowo, Olujok`e. Information technology law in Australia. Sydney: LBC Information Services, 1999.

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Disclosure, Toronto Stock Exchange Committee on Corporate. Toward improved disclosure: A search for balance in corporate disclosure. Toronto: Toronto Stock Exchange, 1995.

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Alastair, Munt, ed. The disclosure referencer. Haywards Heath, West Sussex: Bloomsbury Professional, 2013.

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Tucker, Greg. Information privacy law in Australia. Melbourne, Australia: Longman Professional, 1992.

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John, Cartwright. Misrepresentation and non-disclosure. London: Sweet & Maxwell, 2002.

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Book chapters on the topic "Disclosure of information Law and legislation Australia"

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Urbas, Gregor. "Substantive and Procedural Legislation in Australia to Combat Webcam-Related Child Sexual Abuse." In Information Technology and Law Series, 135–82. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-288-0_4.

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"The freedom of information legislation." In Government and Information Rights: The Law Relating to Access, Disclosure and their Regulation. Bloomsbury Professional, 2019. http://dx.doi.org/10.5040/9781784518998.chapter-001.

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"Exempt Information." In Macdonald on the Law of Freedom of Information, edited by John MacDonald and Ross Crail. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198724452.003.0007.

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It should come as no surprise that legislation providing for the disclosure of information as a ‘right’ contains extensive exempting provisions. Some of the exemptions are absolute, protecting a class of information entirely, others rely on the application of a prejudice test or upon other harmful consequences of disclosure. Chapter 5 considers in turn the nine absolute exemptions and the eighteen qualified exemptions, including the formulation of government policy and legal professional privilege. The chapter lists the principles in relation to the operation of the public interest test which can be derived from the decisions of the tribunals and the courts. It identifies where it is appropriate to redact part of the information sought. The chapter refers throughout to the guidance given by the Information Commissioner and the Ministry of Justice in applying the exemptions.
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"Whistle-Blowing." In Macdonald on the Law of Freedom of Information, edited by John MacDonald and Ross Crail. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198724452.003.0027.

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The principal focus of Chapter 19 is on the statutory protection from victimization of employees and other ‘workers’ who disclose information in the public interest under the provisions introduced into employment legislation by the Public Interest Disclosure Act 1998. It describes the purpose and scheme of the provisions (in their original form and as amended in 2013), and explains key concepts such as ‘protected disclosure’, ‘qualifying disclosure’ and ‘worker’. It then outlines the procedures and remedies applicable in the event of unfair dismissal or subjection to detriment for making a protected disclosure. How the legislation works in practice is illustrated by reference to cases decided in employment tribunals, the Employment Appeal Tribunal, and the higher courts. The chapter also takes a brief look at whistle-blowing duties imposed on auditors and actuaries of financial institutions and persons involved in administering pension schemes following the BCCI and Maxwell affairs in the 1990s.
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"Money Laundering." In Macdonald on the Law of Freedom of Information, edited by John MacDonald and Ross Crail. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198724452.003.0028.

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This chapter charts the development at European and national levels of legislation to combat the laundering of proceeds of crime, with particular reference to those provisions which require or permit the disclosure of relevant information to the appropriate authorities. It describes the three primary money laundering offences under the Proceeds of Crime Act 2002, and how a potential defendant may escape liability by making an ‘authorized disclosure’. It summarizes the positive obligations to disclose suspicions of money laundering, and to operate customer due diligence measures, imposed on persons working in the regulated sector by, respectively, the 2002 Act and the Money Laundering Regulations 2007. The ‘tipping off’ offences are outlined. Reference is also made to comparable provisions in the Terrorism Act 2000 concerning terrorist offences and related property. Finally, the chapter addresses the interrelationship of those statutory provisions with duties of confidentiality, especially those owed by bankers and lawyers.
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Will, Pearce. "Part II UK Securities Markets, 5 UK Listing, Prospectus, and Disclosure Regime." In Financial Markets and Exchanges Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198827528.003.0005.

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This chapter talks about the current UK listing regime that stems from the EU legislation that was enacted as part of the European Commission's action plan for the Capital Markets Union (CMU) and Financial Services Action Plan (FSAP). It describes the aims of the CMU and the FSAP in order to achieve a single financial services market with no obstacles to cross—border activity and a sound supervisory structure. It also highlights the key EU legislation that governs the UK listing regime, which includes the prospectus regulation that regulates the prospectus to be published when a company's securities are to be offered to the public or admitted to trading on a regulated market in the European Economic Area (EEA). This chapter discusses the Market Abuse Regulation (MAR), which covers the disclosure and control of inside information and the offences of market manipulation and insider dealing. It also mentions the Transparency Directive that harmonizes transparency requirements for issuers whose securities are admitted to trading on a regulated market.
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"The Right to Know in Australia, Canada, Ireland, New Zealand, and the United States." In Macdonald on the Law of Freedom of Information, edited by John MacDonald and Ross Crail. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198724452.003.0035.

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It was acknowledged in the 1997 White Paper Your Right To Know that the United Kingdom could learn much from the experience of other countries with established FOI regimes. The draftsman of the Freedom of Information Act 2000 had regard to the statutory schemes of five such countries whose jurisprudence has precedent value in our courts: Australia, Canada, Ireland, New Zealand, and the United States. Chapter 25 looks at their different approaches to the fundamental elements of any FOI regime, and gives examples of how their courts have interpreted and applied the respective statutes. The chapter notes common themes and recurrent sources of controversy, notably delays in responding to requests, charges for access, and the position of affected third parties. It traces how the legislation in each country has been adapted over the years, and where there is pressure for yet further reforms.
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Jackson, Emily. "4. Informed Consent." In Medical Law, 195–236. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198825845.003.0004.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines the issue of ‘informed consent’, i.e. how much information must be provided to patients before they consent to medical treatment. It first considers the ethical justifications for informing patients about their medical treatment and then examines the legal framework that protects patients’ interests in information disclosure, with particular emphasis upon the implications of the recent landmark Supreme Court case of Montgomery v Lanarkshire. The chapter also explores some alternatives to the law of tort, and the importance of the guidance produced by the medical profession.
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"Privacy and the Internet." In Macdonald on the Law of Freedom of Information, edited by John MacDonald and Ross Crail. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198724452.003.0020.

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Chapter 14 deals with privacy, surveillance, and the right to know in the context of the internet. Edward Snowden’s disclosures of thousands of classified documents from the US National Security Agency served as a wake-up call. People are beginning to realize that government surveillance is widespread and intrusive, and that this intrusive power needs to be subject to legal safeguards. The chapter considers the legal constraints governing UK legislation and the impact of the decision in the Digital Rights Ireland case that EU Directive 2006/24/EC, which provided for the mass retention and disclosure of individuals’ online traffic data, is invalid. It considers the recent English cases and concludes by examining the framework which has been suggested for regulating the turbulent digital age in which we now live, drawing on David Anderson QC’s report ‘A Question of Trust’ and the European Court’s decision in the Google Spain case.
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Duncan, George T., and Stephen F. Roehrig. "Mediating the Tension between Information Privacy and Information Access." In Public Information Technology, 94–119. IGI Global, 2003. http://dx.doi.org/10.4018/978-1-59140-060-8.ch005.

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Government agencies collect and disseminate data that bear on the most important issues of public interest. Advances in information technology, particularly the Internet, have multiplied the tension between demands for evermore comprehensive databases and demands for the shelter of privacy. In mediating between these two conflicting demands, agencies must address a host of difficult problems. These include providing access to information while protecting confidentiality, coping with health information databases, and ensuring consistency with international standards. The policies of agencies are determined by what is right for them to do, what works for them, and what they are required to do by law. They must interpret and respect the ethical imperatives of democratic accountability, constitutional empowerment, and individual autonomy. They must keep pace with technological developments by developing effective measures for making information available to a broad range of users. They must both abide by the mandates of legislation and participate in the process of developing new legislation that is responsive to changes that affect their domain. In managing confidentiality and data access functions, agencies have two basic tools: techniques for disclosure limitation through restricted data and administrative procedures through restricted access. The technical procedures for disclosure limitation involve a range of mathematical and statistical tools. The administrative procedures can be implemented through a variety of institutional mechanisms, ranging from privacy advocates, through internal privacy review boards, to a data and access protection commission.
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Conference papers on the topic "Disclosure of information Law and legislation Australia"

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Mateeva, Zhivka. "NATURE OF THE CONTROL OVER THE PROTECTION OF CLASSIFIED INFORMATION, CARRIED OUT BY THE STATE COMMISSION OF INFORMATION SECURITY." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.263.

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The report examines the control activities of the State Commission of Information Security, as one of the bodies ensuring compliance with the rules for protection of classified information. Undoubtedly, the fast and efficient protection of classified information is a matter of great public importance, and the unregulated disclosure or disclosure of information, as well as illegal access to it can damage the interests of the state and its security to varying degrees. The control performs basic public functions such as the lawful application of the legislation governing the protection of classif
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