[LINK] RFID Tagging of Children

Adam Todd link at todd.inoz.com
Wed Oct 25 13:32:47 AEST 2006

At 08:14 AM 25/10/2006, Jan Whitaker wrote:
>At 11:53 PM 24/10/2006, Geoffrey Ramadan wrote:
>Industry will NEVER propose criminal penalties for itself. That would not 
>be in its self-interest. That can only be done through legislation because 
>criminal cases are only raised by the state (as far as I know). Current

No a private person can commence a criminal proceeding by summons.  Just 
pay your fee to the Registry.

The problem is thus:

A State commenced proceeding somewhat attempts to indemnify itself and the 
"informant" of prosecution for false prosecution.  The State fails to 
protect itself in common law from charges of false or malicious 
prosecution, however the person (victim, liar, cheater etc) escapes because 
they did not commence the prosecution they are merely a witness.

The State also pays no fees for filing, service and trial fees.  Nor does 
it pay for Subpoenas etc.

A person who commences a Criminal proceeding had better have deep 
pockets.  Because there will be costs of just about everything, including 
the jury if required (although just about removed from Australian law now) 
and any paperwork, including trail dates.

And the person who does such as a Prosecutor is also liable to COSTS of 
they loose.  The State however does not pay costs.

All fair huh!

And yet get this.  23 in 100 State Prosecutions are dismissed for want of 
prosecution.  But only 1 in 100 in private commenced Proceedings are lost.

That tells me that the State abuses it's power.

>privacy law does not include criminal offences if I remember correctly. So if

No, not really.  But there are some under the Criminal Code.  You just need 
to get someone to prosecute them.

Remember though we have no Tort of Privacy, nor a Right to it.

>someone dies as a result of this negligence of control of sensitive 
>information, the worst that would be experienced by the company or agency 
>entrusted with that information is a fine.

Probably not.  The Privacy Commission won't take on private causes.  In 
fact won't take on group causes if the "defendant" says sorry, it won't 
happen again.

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