Privacy Act - Journalist Took Photo without Consent and Publish an Article with His/Her Own Justification

Is it a violation of Privacy Act?

I really want to know who could help with this apart from hiring a lawyer. FYI, it's a podcast on ABC.

Thanks guys.

P/S: Here is the link to it.

http://mobile.abc.net.au/news/2017-06-16/online-gambling-ind…

Comments

  • +1

    Was the photo in a public place? Then he is allowed to do that.

    More information about the circumstances might be helpful. What kind of photo was it. Where was the photo taken. What was the article about. Was it depicted in an incorrect manner. Why do you want to lawyer up against the journalist. etc etc etc

  • +2

    Is it a violation of Privacy Act?

    Probably not.

    Also

  • Link below is the program on ABC last week. A friend doing a part-time work being accused of support off-shore gambling (journalist's thought) although ABC said they have not yet had any evidence.

    http://mobile.abc.net.au/news/2017-06-16/online-gambling-ind…

    • +7

      Is your friend Nick Xenophon?

    • So I'm assuming the photo is the one of your friend on a bench zoomed in (3 people in photo)? I doubt there could be any case for defamation as its in a public place and you cannot identify your friend that is sitting on the bench.

      What exactly was the part time work your friend was doing at the game? Was he collecting data on the results of the game?

      • Yes that's him. Sport data scout is how they call. I also do this but luckily they did not capture me.
        My concern is the publicity of this program will have adverse effect and somehow affect guys working in this industry, I could imagine more than 20 guys nation-wide.

        • +2

          bahahahaha so the article is spot on then? Why not email ABC and tell them your actual title is a sport data scout then?

        • @k-rokfm: No it's not. They're trying to build a negative public image about what the industry is really is before Nick or other politicians could bring up to the senate and discuss about it. If you're really interested you can listen to the podcast:

          https://radio.abc.net.au/programitem/pgY74NNL06?play=true

        • +11

          @PAPower: You go and watch amateur games, live upload 'stats', so that gamblers around the world can bet on a game they'll never see?

          I think you've got a negative public image even without the ABC's help.

        • @PAPower:

          So whats the positive image of this industry then if you could share with us? (I cant listen to the podcast atm)

        • If you do listen to the podcast, we're actually doing the opposite of what ABC thinks.

          There're plenty of other agencies out there providing false stats / result for their own purpose. We're there as a reference guide / standard so no one could benefit from giving wrong advice / stats to whoever needs it.

          SportsRadar has signed an agreement with AFP to protect the integrity of this data / sport. I really think this program concluded pre-maturely on a matter that needs further discussion. Apparently they could not get the information from AFP for some reasons and they even thought that something dodgy going on with the AFP.

        • @PAPower: How are you doing the opposite? You are collecting data to be used by online bookmakers, mainly based overseas. There is risk in online gambling that it may be used for match fixing and/or money laundering.

          yes, this may impact your part time work.

        • @MercSal: In the Podcast, there's a guy from Running Ball claiming that there're opportunities for parties to falsifying stats and benefit from it. We're there to set a standard, making a reference guide to whoever needs the stats and stop this from happening.

        • +3

          @PAPower: Can't listen to the audio at work but I mean, that's also not wrong. You could falsify stats and then bet on games. I don't really think that's the problem the article is focusing on, more so that people don't want bookies and the like betting on suburban sports games.

        • @MercSal: I know there're different views on this topic. I myself got questioned by a lot of parents going to lower leagues / community games about what I was doing. They all understand and think what I do is fine. It really surprised me that ABC did not investigate properly, took words of 'former employee' with careless attitude of what he was doing (data scout) and try to justify others' work, put words in mouth of others (coaches, sports admins etc.)

          Bottom line is, if it was a dodgy thing, AFP would not have signed an MoU with SportsRadar in 2015.

        • +2

          @PAPower:

          Im surprised that you say parents were understanding of what was happening. If that happened to me or someone i know i would have cracked the sheets.

          Also its not upto the AFP to set the rules and regulations - its upto the government. And it looks like they may do something about it. All the AFP is there to do is uphold the rules. So by them signing a MoU with SportsRadar, they are encouraging them to follow the current rules and make sure what currently there is as legit as possible.

        • @k-rokfm: Yes the current rules has nothing against court siding any sport except tennis in Vicoria, FYI.

        • @PAPower:

          Must be cause of kyrgios tanking it

        • +1

          @PAPower:
          The integrity of the data is not what is concerning, it is that the data exists at all.

          Look, I believe your honesty in recording the plays, but what the article is bringing attention to its the fact that having such data available enables online gambling on children's sporting matches.

          Fact is, without the data, book makers can't make odds and can't create gambling markets for the games.

          What you're doing isn't illegal but wherever gambling exists so too does the motivation to fix matches to make money. It happens at the highest level of sports but gets caught really really because pro athletes are monitored and so closely.

          But how easy would it be (and cheaper) to say bribe a 10 year old child to grow a game so some criminal syndicate can profit by betting on the outcome of the game? Authorities don't pay much attention to this level of competition so it would be easy to get away with.

          Also kids are very tech savvy too. How soon before kids find out they can bet on the outcome of their own games and take steps to rig the outcomes?

          Unfortunately for you I think your post has drawn more attention to this issue than if you had just kept your mouth shut. I honestly never would have seen this article or become aware of this issue if not for your post. So thank you for that. I will now be on the look for this activity and talking to everyone I know who had kids about this issue.

        • @meumax: I don't have any issues letting people know about this entire thing. The thing is, if you want to help, you could educate your kids or whoever taking part in sport. If you follow NPL (lower leagues of A-League in states/territories with all ages), all the teams/coaches/personnel are familiar with SportsRadar appearance.

          My criticism is for ABC, did a shallow investigation (only basketball) and accuse someone of 'betting', 'money laundry', etc. ABC's interview with 'former low quality data scout' doesn't have much value, those crooks who made up stats won't have a job in this industry and that is why he's become former.

        • +1

          @PAPower: Let me repeat. Making up stats is not what is wrong with this whole thing. The problem is that amateur and kids games are being data scouted at all.

          Let me be clear, I think all data scouts (reputable or not) should stay the F away from my kids games. As I have explained, the existence of the data makes it possible to have betting markets for those games.

          Once that happens it opens the door for all that bad stuff like match fixing and money laundering. Keep that out of kids sports please.

        • -1

          @meumax: You're being a little too cynical about all of this. To be honest I have never been to a kids game with the purpose of getting the data.

          The guys' allegation of kids involvement in the podcast is a bit too much. Funny enough, he's from RunningBall, another company doing the same thing.

        • +1

          @PAPower: I understand where you're coming from. You see yourself as an honourable person doing legitimate work where there are others who are dodgy.

          But I think if you look at the big strategic picture, you'll see that you're just a little pawn in a bigger game. And I hope you can see that your work, innocent as it seems, facilitates some really F'ed up stuff.

          Gambling has grown so much in recent years aided and abetted by the proliferation of data allowing all sorts of "exotics" markets i.e. first scoring play in a match, whether a 40-20 will be kicked and which player will rack up the most attacking runs in a game as well as other options.

          It's not cynical to suggest that such betting markets encourage criminal collusion. Why else would the NRL among other organisations try to ban exotic bets in an effort to improve the integrity of their game? https://goo.gl/QqZdWm It's because there have been actual instances of this criminal activity among both players and criminals.

          Now that authorities are on to the criminals doing this at the highest levels of sport, the ABC article suggests they have turned their attention to lower levels where they can evade detection more easily due to the lack of oversight at that level. I don't for a second doubt that this is exactly what is happening.

        • @meumax: Agree. This is why VIC govt. banned court siding on tennis as so many crooks could benefit from it. I hope that this will wake up authorities so other dodgy agencies will be wiped out and the cleane ones have a better working environment. For a lot of students like us it's great passive income.

        • +1

          @PAPower: I think that if the government was smart they would ban gambling on all non professional games. Then there wouldn't be any job for data scouts at amateur games. Agree with the position of Betting Site totally. https://goo.gl/chD5DH

          I think your line about the income reveals your true motivation in defending this industry. It is to secure your own job. I think you don't have any care about the harm your work does to society only that you can make some easy money.

          My advice to you would be to find another job which doesn't result in harming others.

        • -1

          @meumax: I really do not see how I am harming the society in general. All of our work is accredited and authorised by sport organisations as a data journalist with proper press access.

          Apparently ABC has done a good job in distorting what the industry really is.

    • The only person who "may" be able to be ID'd (apart from Nick) would be the Ref in the second picture, and I don't see him as the focus of the photo/investigation. As I don't think anyone can be identified I don't see any privacy issues.

    • +2

      "A friend doing a part-time work being accused of support off-shore gambling (journalist's thought) although ABC said they have not yet had any evidence."

      Actually, that is exactly what is happening. What they said there was no current evidence of is money laundering and/or match fixing.

  • Privacy Act has no bearing here (it only covers the collection of personal identifying data, the image is not identifying). Your friend can ask for his image to be obscured, but there is no obligation on the ABC to do that. I would suggest that the facilities hosting these games, or the league invited the ABC on to premises for this purpose.

  • -2

    The journalist should have got all the people in the photo to sign a release form. I suggest you contact the journalist as well as the ABC legal department and ask that the photo is either taken down or the people in it deidentified (faces blurred).

    • I dunno - it's a pretty low quality photo. I don't think any more blurring is needed.

    • Great piece of advice. Thanks!

  • How much does it pay to be a "data scout"?

    • +1

      Not enough to pay for lawyers apparently…

      • that's why I'm here seeking advice LOL.

  • +4

    I think people are being a little harsh on Sportradar. They just recruit Uni students and pay them peanuts to monitor suburban sports so people can gamble on the results. They're helping our kids and society, just like nurses and schoolteachers. Can't we give them an award for their public service?

    • +1

      😀

  • Unless the picture depicts a sex act or porn of any description and is taken in a public or private place with the owner of properties approval it is quite legal to publish the picture or video without the subjects approval, yes you can ask it to be removed but if they say no you have no recourse at all.

  • Wouldn't be surprised if these "data scouts" would be mistaken as "sex pests", hanging around children's games.

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