Can the fact that debt is being collected be disclosed under Australian Consumer Law and Fair Trading Act 2012 section 45(j) The Act states: &quot;disclosing or threatening to disclose debt information, without the consent of the debtor, to any other person who does not have a clear and legitimate interest in the information; Example Disclosing debt information when contacting a person who is not the debtor while attempting to locate or identify the debtor&quot; So if I attempt to call a debtors old work place can I disclose that I am searching for him because I am collecting a debt without further information or should I say that I am prohibited by disclosing my reason for making contact with the individual by the Australian Consumer Law and Fair Trading Act 2012 section 45(j) - (which is pretty much saying that I believe that he is a debtor).
The Australian government has put out a document entitled RG 96 Debt Collection Guideline. It makes it clear that they consider it forbidden to disclose that you are collecting a debt. They even forbid disclosures that would allow a third party to infer that you are collecting a debt. Part 2, Section 1(b): If you consider it necessary to divulge your identity as a debt collector before being sure that you are dealing with the debtor (for example, if requested by the person you are dealing with), then you may do so if that would not have the effect of divulging that the debtor has a debt. Particular care should be taken when speaking to a person at a debtor’s workplace or when using a medium that may be shared with others (e.g. social media, landline telephones etc). Section 8: Telling any third party the reason for trying to find the debtor will also disclose personal information about the debtor. Caution should be exercised when leaving messages for the debtor that may be seen or accessed by third parties, for example: Business cards or other documentation should not be left for the debtor in any open manner that would allow a third party to infer the nature of your interest in contacting the debtor. Voicemail messages should be phrased so as to avoid a third party inferring the nature of your interest in contacting the debtor. At no stage should contact be made with a debtor’s social media account that would compromise the debtor’s privacy, for example, placing a message for the debtor in a way that would allow anyone other than the debtor to view it. So to your questions: So if I attempt to call a debtors old work place can I disclose that I am searching for him because I am collecting a debt without further information No, you cannot not say that. or should I say that I am prohibited by disclosing my reason for making contact with the individual by the Australian Consumer Law and Fair Trading Act 2012 section 45(j) You should not say that either, as it would allow the former employer to infer the nature of your interest in contacting the debtor.
To preface my answer, this aspect of UK law is unclear at best and I try to set out general principles where available. If you are acting in a private sphere, then the recording of conversations are unregulated, however this is only for personal use – i.e., should you desire to make notes on what was said for your reference at a later date. Should you wish to share it with a third party, then you would need consent from all participants or be able to demonstrate that it would be in the public interest. If you are acting as an employee or a company, then the situation changes. Firstly, you need to check your contract, whilst this does not constitute a crime, it may be against the terms of your employment. Secondly, a company can only make recordings without knowledge under statutory conditions, such as to establish facts, ensure regulatory compliance or demonstrate standards that are achieved or need to be achieved by training. It is a general principle that conversations recorded without consent are inadmissible in court, particularly in terms of a criminal proceedings. In civil matters, it similarly follows the concept that a claimant should come to court with clean hands. However, judges are usually more pragmatic in civil cases and if parties are aware of the existence of the recording, then it often be subject to usual rules of disclosure, though this may open the creator of the recording to subsequent litigation regarding the illegality of the recording under Data Protection Act or others.
Late to the party, but I'll answer anyways. In general, providers have a lot of wiggle room when sharing information with parents, on condition that the patient hasn't explicitly objected despite having opportunity to do so. HIPAA allows the provider to make a judgment call on whether such information can be shared without explicit consent: Quoting Title 45 § 164.510 : (i) Obtains the individual's agreement; (ii) Provides the individual with the opportunity to object to the disclosure, and the individual does not express an objection; or (iii) Reasonably infers from the circumstances, based the exercise of professional judgment, that the individual does not object to the disclosure. HHS does discuss disclosure to family members in their FAQ : A covered entity is permitted to share information with a family member or other person involved in an individual’s care or payment for care as long as the individual does not object. A parent of a child who has just turned 18 is likely still somewhat involved in the child's care, so, absent either an objection or a reason to believe the child would object if asked, sharing is probably not a violation.
Yes, you're allowed to pay someone to keep quiet, as long as whatever they're keeping quiet about isn't evidence of a crime. Companies can do this too, and quite often do. Offering to keep quiet in exchange for money may well constitute blackmail. But that doesn't appear to be an issue here.
The section you quote as clearly saying a thing is not clearly saying the thing. However: you cannot pass on or resell any license keys seems to say a thing clearly. However, one could argue that it's the sharer of the account who is in the wrong, and not the person receiving and passing on the account. I'd say that that piece of the agreement, combined with this: must not... let other people get access to anything we've made in a way that is unfair or unreasonable says that, yes, they are out of bounds.
The creditor must prove the debt with evidence In order to collect a debt, either: the debtor has to agree the debt is owed - straight up or after some sort of non-binding ADR, like mediation. the debtor has to prove the debt in a binding forum - either a court or binding arbitration Details vary by jurisdiction but a court case: starts with a statement of claim where the plaintiff (debtor) sets out their case against the defendant (creditor) the defendant can: ignore the claim - in which case the plaintiff seeks a default judgement and, providing they have a prima facie case, they will get it. They can then recover the debt. admit the claim and pay the debt raise a defence - in which they set out why the don’t owe the money in part or in whole. each side provides evidence to support their position the court considers the evidence and arguments and decides if the plaintiff has proved their case on the balance of probabilities if they have, they receive judgement which the can enforce (subject to appeals) if they haven’t there is no debt (subject to appeals)
It is generally legal for a business to ask, but it is not legal for a business to insist that you provide it as a condition of providing goods and services unless a law requires that the SIN be provided. As explained by the relevant Canadian government website: While there is no law barring businesses from asking for the SIN where there is no legal requirement to do so, they do need to make people aware that collection of a SIN is optional and not a condition of service. The Personal Information Protection and Electronic Documents Act (PIPEDA) sets out ground rules for how private sector organizations may handle personal information — including the SIN — in the course of commercial activities. Under the law, organizations cannot require you to consent to the collection, use or disclosure of your personal information unless it is required for a specific and legitimate purpose. This means that, unless an organization can show that your SIN is required by law, you cannot be denied a product or service on the grounds of your refusal to provide your SIN. Of course, the rub is, that an employer is legally required to have your updated SIN for tax purposes, so the employer is allowed to demand, rather than merely request that you provide it. In particular: 7.3 In addition to the circumstances set out in section 7, for the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, a federal work, undertaking or business may collect, use and disclose personal information without the consent of the individual if (a) the collection, use or disclosure is necessary to establish, manage or terminate an employment relationship between the federal work, undertaking or business and the individual; and (b) the federal work, undertaking or business has informed the individual that the personal information will be or may be collected, used or disclosed for those purposes. A business is required to do this consistent with Schedule 1 to the Act which provides in the most pertinent part: 4.7 Principle 7 — Safeguards Personal information shall be protected by security safeguards appropriate to the sensitivity of the information. 4.7.1 The security safeguards shall protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Organizations shall protect personal information regardless of the format in which it is held. 4.7.2 The nature of the safeguards will vary depending on the sensitivity of the information that has been collected, the amount, distribution, and format of the information, and the method of storage. More sensitive information should be safeguarded by a higher level of protection. The concept of sensitivity is discussed in Clause 4.3.4. 4.7.3 The methods of protection should include (a) physical measures, for example, locked filing cabinets and restricted access to offices; (b) organizational measures, for example, security clearances and limiting access on a “need-to-know” basis; and (c) technological measures, for example, the use of passwords and encryption. 4.7.4 Organizations shall make their employees aware of the importance of maintaining the confidentiality of personal information. 4.7.5 Care shall be used in the disposal or destruction of personal information, to prevent unauthorized parties from gaining access to the information (see Clause 4.5.3). There is really no specific provision allowing you to refuse to provide information via email, but the Safeguards provision does state that appropriate care does need to be taken to avoid disclosure, and you are disputing that their email collection is adequate. Also, while employers are required to collect SIN data from employees, there is nothing that expressly requires them to collect it via email. If you wanted to compromise, one option would be to save the SIN in a password protected word processing document (usually available in the save as window in an obscure little corner), and then you could attach the password protected document to the email and communicate the password itself to the recipient orally via telephone with you calling their number to prevent any phishing scam. It's a bit clunky, but it gets the job done. Also, please recognize that while a SIN number is important to keep confidential to the extent possible, it is hardly the most sensitive personal information in existence. Lots of people have a need to know it for legitimate purposes and it probably wouldn't be hard at all for someone to get it illegitimately by making a request for your credit record or a tax return transcript under false pretenses.
I know it's not a huge amount of money, but I'm not currently in a position to pay it. Is it still legal to send invoices this long from the past? Yes, it is legal. And the surveyor is still within the statute of limitations to sue you for breach of contract. Beyond the purely legislative aspect, personally I would encourage you to pay the surveyor once you are in a position to do so, even if the statute of limitations had expired. From your description, it seems that the surveyor acted with nobility in that Even though he didn't mention any payment, he sent me the survey. and there is no indication that the survey was faulty. Thus, it would be opportunistic not to honor your part in the contract under pretext of the statute of limitations. Consider this: You would not wish to be deprived of compensation today (or once the debtor becomes able to pay you) simply because years earlier you were too overwhelmed to send an invoice for work you actually performed.