Wednesday February 19, 2020

Privacy rights loophole poses headache for competition watchdog

The court has left it up to the parties to resolve the dispute

10th April, 2016
The judgment put to bed any notion that the Competition and Consumer Protection Commission has authority, under its statutory powers, to inspect non-privileged records inadvertently captured during search and seize operations.

A legislative gap relating to privacy rights has left the competition watchdog in uncharted territory on the strength of Mr Justice Max Barrett’s High Court ruling last week.

The judgment put to bed any notion that the Competition and Consumer Protection Commission has authority, under its statutory powers, to inspect non-privileged records inadvertently captured during search and seize operations.

The Commission will have to weigh up the constitutional privacy rights of corporate entities...

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