Privacy Law Assignment -
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Question - Paul Robinson is the Chief Compliance Officer for Lucid Marketing Company (Lucid), a prominent company that specializes in streamlining business operations with marketing strategies.
Your supervising attorney asks you to prepare a memo discussing all potential privacy-related issues in Paul's case. You are to advise your supervising attorney on the likely outcome of each issue, citing appropriate authorities.
To: Paul Robinson, Lucid Marketing Company
From: Outside Counsel
Date: 15th of January, 2019
Subject: Discussion on the possible legal charges your company might face
Mr. Paul, as the supervising attorney of your hired counsel, it has been conveyed to you that your case has been thoroughly studied and that some of the essential facts have been discovered to make sure that you have been acquainted with substantial amount of knowledge to deal with them.
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Potential Legal Charges
It has deliberately considered that you would be held charge of quite a lot of discrepancies. With so many illegal activities going around, you also managed to challenge the FTC law regarding the privacy concerns of various individuals and employees. First of all, numerous charges would be held against you for not respecting the privacy of the numerous individuals. It seems to have been brought on the firm's notice that every kind of communication is to be monitored in your organisation. However, according to the Privacy Act 1988 has a tendency to deal with the employee records of public sector and private sector differently (Workplace | FAQs for individuals | Individuals| Office of the Australian Information Commissioner - OAIC, 2019). Since, Lucid Marketing Company is a private sector it is evident to consider that the company would not be exempted for the incoherent use of employee records, but you would be held accountable for monitoring the calls without taking the consent of your employees and only by stating them on your employee handbook.
Since the privacy act does not exactly cover the issue of workplace surveillance but extracting and monitoring the personal calls would be considered insignificant for the better cooperation of the scenario. However, the extent of workplace surveillance would be considered as one of the factors that have crossed the line and that you would not be held accountable for threatening the privacy of your employees. It has also been brought to attention that your organisation also conducts drug related experiments in an illegal manner. It might be present in your employee handbook, but when you would be presented at the court, you would be asked from where you have gained the approval of testing drugs on your employees. Though the drug testing aspect has been widely acclaimed by many workplaces to make sure that substantial amount of attention has been paid into making sure that employees do not take drugs during their work hours. In, Australia, however, random drug testing has been considered as an intrusion on the privacy of the individual. Since, it can be understood that the individual you have hold accountable has been falsely accused so he is entitled to make sure that the help of community legal centre has been undertaken for the company to compensate him (Drug Testing - NUAA, 2019).
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Apart from the privacy issues, Lucid would be held accountable for multiple charges that are related to drug trafficking, money laundering and fraud. The firm has considered the idea that during this scenario, it was not appropriate for the company to act out against the law for spamming business mails to the customers (Anti-Money Laundering and Counter-Terrorism Financing Act 2006, 2019). Paul would be held accountable under the Anti-Money Laundering and Counter Terrorism Financing Act of 2006 to make sure that such kinds of practices are never being encouraged.
From the discussion conducted above, it is evident that Lucid would be subjected to numerous treacheries and the idea of challenging the law would eventually make sure that he is incapable of making viable decisions for the company to make sure that they are able to conduct their operations in a significant manner. Thus, it needs to be duly noted that the company would incur losses in terms profitability and at the same time would not be successful in improving their reputation.
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