Sporting events are always cause for excitement in Australia, with most Australians riveted by the State of Origin this week. Sport is an often overlooked area in the world of privacy, but features this week. In South Australia snooping by medical staff into the records of a professional sports star earlier this year resulted in reprimands and this behaviour has apparently continued elsewhere resulting in the termination of employment for several staff. But what really piqued my interest – as one of the many thousands lining up for the City to South race on Sunday - is the article about how much information race organisers take about us and what they use it for. Thankfully the race in Brisbane doesn’t require us to enter our weight and classify us in the “Clydesdale’ or “Athena” class like some races, but it’s clear from the IAPP article that it is not just your disappointing times that are publicly linked to your bib number. Privacy has not typically been an area for sports lawyers, but this with the recent statements by senior football executives about their players right to privacy could change all that.
Other news includes a slap on the wrist for Australia by Snowden for our metadata retention laws quoting Tim Morris the Australian Federal Police Assistant Commissioner “if you have nothing to hide, you have nothing to fear.” I learnt that this statement has been linked back to both Joseph Goebbels and George Orwell’s "1984." Unlike the State of Origin, this is not one of our proudest moments.
To celebrate the 100th year since Judge Brandeis was elevated to the U.S. Supreme Court, Rosen has published a book and a new acronym coined – WWBD – What Would Brandeis Do? In the face of the challenges in this week’s Digest alone it’s a very interesting question and will be a great read.
May your team win this weekend and I hope when your name and number are publicised with your run time after Sunday, that you are not too embarrassed.
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