Dear Intern,

Our MC founder has asked me to assemble a team of employees to determine whether all aspects of MCs new bio-sensing technologies comply with current Australian laws and regulations. As you might be aware, Ive been working in Europe for almost a decade building various applications for mobile phones and wearable devices. But, when it comes to the nature of the Australian legal system, Im definitely out of my comfort zone.

From: Alonso Reyes

To: Intern

Since you are currently studying LAW101 at University, I think youre a perfect fit for this team. We are meeting tomorrow, so as your first task I would like you to tackle some preliminary questions concerning the legal and regulatory environment of MCs devices. Specifically, the team will need answers to the following six (6) questions.

5. One of issues raised by our MC founder is her uncertainty as to whether the biometric data collected by MC products is considered sensitive data under s 7 of the Data Privacy and Personal Information Act 1999 (NSW) (Act)*. It seems as though this type of data does not fall squarely within the definition provided by the Act and therefore some interpretation is required. To this end, could you please

   1. (a) Explain the general approach that a Court would take to the statutory interpretation of sensitive data;

   2. (b) Identify the Court/s that may have already decided cases involving the interpretation of the Act.

      (6 marks)

6. Lastly, one of MCs key goals in introducing new bio-sensing technology into the market is to not only improve general population health but to also enhance community compliance with frequently evolving COVID-safety requirements. It is our understanding that such requirements have been able to change at a rapid pace because they are found within delegated legislation, usually made by individual Ministers. However, the team needs more insight into what this means in practical terms, so could you please:

   1. (a) Explain the similarities and differences between legislation and delegated legislation; and

   2. (b) Discuss the extent to which you think the practice of delegating legislative power is consistent with the notion of representative democracy.

      (7 marks)