jeffjgale Website Policy

My Website Policy



User License:

Permission is granted to temporarily download one copy of the materials (information or software) on jeffjgale's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials: use the materials for any commercial purpose, or for any public display (commercial or non-commercial): remove any copyright or other proprietary notations from the materials: or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by jeffjgale at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer:

The materials on jeffjgale's web site are provided "as is". jeffjgale makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, jeffjgale does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations:

In no event shall jeffjgale or its Site Hoster be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on jeffjgale's Internet site, even if jeffjgale or a jeffjgale authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions:

The materials appearing on jeffjgale's web site could include technical, typographical, or photographic errors. jeffjgale does not warrant that any of the materials on its web site are accurate, complete, or current. jeffjgale may make changes to the materials contained on its web site at any time without notice. jeffjgale does not, however, make any commitment to update the materials.

Links:

jeffjgale has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by jeffjgale of the site. Use of any such linked web site is at the user's own risk.

Governing Law:

Any claim relating to jeffjgale's web site shall be governed by the laws of Australia without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy:

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to you information about our policies and practices relating to the management of personal information.
  • We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.


jeffjgale, 2015.

My mug shot

Your right to take photographs in Australia.



The taking and publication of a photograph of a person in NSW Australia, without their knowledge or permission, but within the limitations outlined below, is not an invasion of privacy, nor is it in breach of any case or statute law. It may be frowned upon by misguided Privacy Zealots, but in this country it has always been, and for the moment remains, a perfectly legal thing to do. A legacy of our convict past is that we've never had a Bill of Rights. Constitutionally speaking, there has never been any concept of a "Right To Privacy" here. Because of this, our common-law has always rejected attempts at prohibiting photography by merely claiming privacy rights (see this PLPR 1999 overview by Sharon Theedar, as well as this iLaw 2004 Net Law Roundup #35 by Jeremy Malcolm).

Indeed "unauthorized" photography has been sanctioned in Australia ever since the 1937 High Court decision in Victoria Park Racing v. Taylor (1937) 58 CLR 479 (at p.496). This was reaffirmed in ABC v Lenah (2001) HCA 63, where the Court ruled that despite the passage of decades since Victoria Park, any concept of a "Tort of invasion of privacy" still does not exist in this country. As Justice Dowd put it bluntly in R v Sotheren (2001) NSWSC 204 - “A person, in our society, does not have a right not to be photographed.”

You can't state it any clearer than that.

Private Land

Whenever you enter private land, you do so with the understanding that you consent to any terms & conditions the property's owner may impose on you. So if they tell you to stop taking photographs, then there is nothing you can do. Stop it! Property owners can even use "reasonable force" to evict you if don't follow their (lawful) instructions. They can never threaten violence though (assault), or push you around and seize your camera or film (battery). This relates to Rent-a-cops, supermarket clerks, shopping centre managers and customers...

Consent for photographs always required?

Not in Australia. Aside from Trade Practices or Summary Offences issues (see immediately below), consent is not required, and instead is a purely moral and aesthetic issue. As pointed out in the Aug 2005 Federal Attorney General's Discussion Paper "Unauthorised Photographs on the Internet And Ancillary Privacy Issues", as quoted on the (anlysphere.com) website:

… for any society to function in a relatively free and open manner there could not realistically be a requirement for all photographs to be taken with consent. If there were such restrictions, candid shots could never be taken, and the media would be severely constrained in the images they show us. Freedom of expression and artistic expression would undoubtedly be adversely affected ... while there may be legitimate circumstances when recording images should be restricted, it would not be practical or desirable to obtain consent from every person all of the time, for example, for use in television news file footage.

article by Andrew Nemeth BSc (Hons) LLB
[ www.overclockers.com.au/wiki/Your_right_to_take_photographs ]