PRIVACY – investigation by Australian Information Commissioner – breach of Australian Privacy Principles – own initiative investigation under s 40(2) of Privacy Act 1988 (Cth) – representative complaint under ss 36 and 38 of the Act – injunction to restrain investigation under representative complaint – separate Federal Court representative proceeding dealing with overlapping issues – determination under s 52 of the Act – enforcement of any determination under s 55A of the Act – real risk of interference with the administration of justice – risk of inconsistent findings and legal conclusions – injunction sought to restrain Commissioner from proceeding to investigate the representative complaint – injunction refused
Related cases about data breaches
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Medibank Private Limited v McClure [2026] FCAFC 38
LEGAL PROFESSIONAL PRIVILEGE – third party reports – investigation into cyber-attack – whether primary judge erred as to dominant purpose in finding that reports not subject to legal professional privilege – whether documents were created, commissioned or obtained for the dominant purpose of legal advice – grounds of appeal not sufficiently arguable to warrant grant…
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Australian Securities and Investments Commission v FIIG Securities Limited [2026] FCA 92
CORPORATIONS – Financial services licence – ASIC sought declaration under s 1317E(1) of the Corporations Act 2001 (Cth) (Corporations Act) in respect of admitted contraventions of s 912A of the Corporations Act – ASIC sought orders imposing a pecuniary penalty in an agreed sum – where defendant was subject to a cyber attack as a…
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Australian Information Commissioner v Australian Clinical Labs Limited (No 2) [2025] FCA 1224
PRIVACY ACT – Where an APP entity breached Australian Privacy Principle (APP) 11.1 of the Privacy Act 1988 (Cth) (Act) by failing to take reasonable steps to protect personal information from unauthorised access or disclosure – what constitutes “reasonable steps” – where an APP entity interfered with the privacy of 223,000 individuals under s 13(1)…
