Abhorrent violent material prohibited

The Australian Parliament has promptly passed the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019 (Cth) (Act) according to the Explanatory Memorandum in response to the events of the March 2019 mass shooting in Christchurch, New Zealand.  The Act creates various new sections of the  Criminal Code Act 1995 (Cth)(Criminal Code) and in particular section 474.33 and 474.34 creates (2) new offences in relation to “internet service providers, content service providers and hosting service providers” (Service Providers) as follows: [Read more…]

De-encryption laws to make tech giants cooperate with law enforcement

Updated 4 October 2018 – see De-encryption De-encryption Bill currently before Joint Committee

According to the ABC website, in the next few weeks Cyber Security Minister Angus Taylor is poised to present new legislation which once passed will require technology companies and multinationals to assist law enforcement to access encrypted data of “suspected criminals and terrorists”.  Currently, the bill is not yet before parliament but should appear on its website once officially announced.

In February, the government has indicated its plans to tackle criminal use of encryption with the Honourable Peter Dutton MP stating in an address to the National Press Club:

“Law enforcement access to encrypted communications should be on the same basis as telephone and other intercepts,
in which companies provide vital and willing assistance in response to court orders.”
[Read more…]

EU General Data Protection Regulations (GDPR) – How to comply

If you are an Australian entity and want to inquire about compliance with the GDPR click here.

Similar to the Australian Privacy Principles (APP) as set out in the Australian Privacy Act 1988 (Cth) (Privacy Act), the General Data Protection Regulation (GDPR) ‘lays down rules relating to the protection of natural persons and the processing of their personal data.’  The GDPR came into force on 24 May 2016 and became binding on all European Union (EU) member states on 25 May 2018. [Read more…]

What is a data breach response plan and how do I get one?

On 23 February 2018 the notifiable data breach scheme (Scheme) was enacted, through legislation amending the Privacy Act 1988 (Cth) (Privacy Act), making it mandatory for certain (eligible) entities to notify affected individuals about eligible data breaches.  In talking to clients in this area, there appears to be some confusion about what an eligible organisation has to do to prepare for this. [Read more…]

The Meaning of Personal Information

In the recent case of The Privacy Commissioner v Telstra Corporation Limited [2017] FCAFA 4, the question was raised as to whether the words “personal information” had any bearing on what information an individual could request from an organisation under the Privacy Act 1988 (Cth) (Act). [Read more…]

The increasing burden of data security

The consequences for an Australian business victim for a breach of cyber security are forecast to exponentially increase. In February 2015 the Parliamentary Joint Committee on Intelligence and Security (Committee) recommended the introduction of mandatory data breach notification scheme (Scheme) by the end of 2015.[1] Whilst the details of the incoming Scheme are currently scant, it is understood that the enacting legislation will have bi-partisan support in federal parliament. [Read more…]

Revenge porn – legal options

Revenge porn (Revenge Porn) refers to sexually explicit media that is distributed without the consent of the individual(s) involved.[1]  An act of Revenge Porn therefore involves the recording of video or still images of a person that is usually engaged in sexual acts (Revenge Content) and publishing or threatening to publish it.  A persons participation may be  consensual or non-consensual with the photographer subsequently uploading the Revenge Content to revenge porn websites with links to social media websites with the intent of humiliating the person depicted.

The ubiquity of devices with picture and video capability coupled with social media that has created numerous opportunities for the recording and distribution of Revenge Content.  [Read more…]

Proposed anti-bullying legislation will target social media giants

The Federal Government is proposing to introduce legislation that will target the publication of offensive or harassing material aimed at children on social media websites.   [Read more…]

Cupid Media risks privacy of the dateless

The Privacy Act 1988 (Cth) (Privacy Act) requires entities to take reasonable steps to secure personal information.

[Read more…]

Privacy determination –Sensitive Information held in garden shed

The Privacy Commissioner, Timothy Pilgrim, has found that a Melbourne medical centre has breached the Privacy Act 1988 (Cth) (Privacy Act) in failing to provide adequate security to protect Sensitive Information contained in medical information. The breach occurred before the Australian Privacy Principles (APPs) took effect and therefore the medical centre was found to have breached the National Privacy Principles (NPPs).

[Read more…]

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Tel: 07 3221 0013

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