Melbourne Law School - Research Publications
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ItemNo Preview AvailableMaking robo-advisers careful? Duties of care in providing automated financial advice to consumers(ROUTLEDGE JOURNALS, TAYLOR & FRANCIS LTD, 2021-01-01)
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ItemStrengthening Australia’s cybersecurity regulations and incentives: Response to the Department of Home Affairs Discussion Paper( 2021)The development of the regulatory and incentives framework is a key opportunity to align Australian enterprises’ cybersecurity practice with latest research, particularly on consumer protections, and emerging cyber threats and security challenges. The Australian Government has an essential role in establishing incentives to encourage best practice and consequences to combat poor practice. It will be increasingly important for government at all levels to act as a role model, by following best practice in the conduct of its public business.
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ItemProtecting Privacy in India: The Roles of Consent and Fairness in Data Protection(National Law School of India University, 2020)The Indian Personal Data Protection Bill 2019 provides a unique approach to balancing the elements of individual consent and fairness-based limitations that are used in data protection regimes in other parts of the world. Drawing on the fundamental values and interests recognised in KS Puttaswamy v. Union of India (2017) and the report of the Committee of Experts, the Bill requires consent of the data subject to data processing, and puts in place standards that consent must meet to be more than a forced formality. Its novelty lies in also proposing substantive obligations of fair and reasonable data processing, and by making organisations responsible, as statutory ‘data fiduciaries’, for complying with obligations protecting the interests of the data subject. The requirement that processing be fair, also written into European data protection law, is an opportunity to put data controllers under an obligation to protect the interests of data subjects. Data processing ought not to have a negative impact upon an individual’s interests, values and freedoms disproportionate to their positive gains. If robustly interpreted and applied, this could be an effective protection against the shortcomings of consent as a safeguard for protecting individual interests. European data protection law has yet to fully embrace this opportunity. If it did, then there would be less pressure to ensure a data subject’s consent meets ideal standards of ‘free and informed’, which is increasingly unrealistic in a modern information society. Considering the merits of these different approaches, with different degrees of relative emphasis upon individual consent and objective tests of fairness, prompts reflection upon the proper function of privacy and data protection legislation within society. Is it purely to enable individual expressions of informational self-determination — irrespective of whether the deal done is a good one? Or does data protection law also have a role in expressing community expectations by promoting norms and standards of fair dealing that are conducive to individual well-being and to civil society as a whole?
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ItemNo Preview AvailableThe Hidden Harms of Targeted Advertising by Algorithm and Interventions from the Consumer Protection Toolkit(National Law School of India, 2021-01-01)Developments in pervasive data collection and predictive data analytics are allowing firms to target consumers with increas ingly precise personalisedbehavioural and contextual advertising. These techniques give rise to new risks of harm in the attention economy by unduly influencing or manipulating consumers' deci sions and choices, and by narrowing the product options visible and available to them. In many countries, the legal response to concerns about targeted advertising by algorithm has been focused on privacy protection and data rights. These are important initiatives. However; consent-based data rights are unlikely to provide a comprehensive or even adequate response to the risks of harm to consumers occasioned by the kinds of algo- rithmically targeted advertising that are now possible. This paper suggests that a suite of responses from the consumer protection toolkit are required to address the different and potentially harm ful manifestations of algorithmic ally targeted advertising. These include bans and warnings as well as making use of standard safe- ty-net prohibitions on misleading and unconscionable/unfair con duct already in place in many jurisdictions.
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ItemNo Preview AvailableGood Proctor or "Big Brother"? Ethics of Online Exam Supervision Technologies.(Springer Science and Business Media LLC, 2021)Online exam supervision technologies have recently generated significant controversy and concern. Their use is now booming due to growing demand for online courses and for off-campus assessment options amid COVID-19 lockdowns. Online proctoring technologies purport to effectively oversee students sitting online exams by using artificial intelligence (AI) systems supplemented by human invigilators. Such technologies have alarmed some students who see them as a "Big Brother-like" threat to liberty and privacy, and as potentially unfair and discriminatory. However, some universities and educators defend their judicious use. Critical ethical appraisal of online proctoring technologies is overdue. This essay provides one of the first sustained moral philosophical analyses of these technologies, focusing on ethical notions of academic integrity, fairness, non-maleficence, transparency, privacy, autonomy, liberty, and trust. Most of these concepts are prominent in the new field of AI ethics, and all are relevant to education. The essay discusses these ethical issues. It also offers suggestions for educational institutions and educators interested in the technologies about the kinds of inquiries they need to make and the governance and review processes they might need to adopt to justify and remain accountable for using online proctoring technologies. The rapid and contentious rise of proctoring software provides a fruitful ethical case study of how AI is infiltrating all areas of life. The social impacts and moral consequences of this digital technology warrant ongoing scrutiny and study.
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ItemEnhancing Access and Support for Water Customers with Cognitive Disabilities: A Guide for Water Businesses(Essential Services Commission, 2020)This document is designed to assist water businesses to maximise accessibility and support for customers in a manner that is consistent with best practice in terms of water businesses’ regulatory obligations. It is based on research conducted with people with cognitive disabilities and their representative organisations.
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ItemThanks a Bundle: Improving Support and Access to Online Telecommunications Products for Consumers with Cognitive Disabilities(University of Melbourne, 2018-12-13)This report presents the results of a 2018 study conducted by an interdisciplinary research team, which was supported by the Melbourne Social Equity Institute and funded through the Australian Communications Consumer Action Network's Grants Program. The operation of the Australian Communications Consumer Action Network is made possible by funding provided by the Commonwealth of Australia under section 593 of the Telecommunications Act 1997. This funding is recovered from charges on telecommunications carriers.
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ItemTransparency to contest differential pricing(Australian and New Zealand Societies for Computers and the Law, 2021)
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ItemNo Preview AvailablePrinciples of Contract Law.(Thomson Reuters, 2020)Principles of Contract Law, 6th Edition remains Australia's premier text for students of contract law. The new edition has been significantly revised in light of recent developments.
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ItemNo Preview AvailablePrinciples of Contract Law(Lawbook Co, 2005)