Privacy Law

OAIC Notifiable Data Breaches report – July 2020

26 August 2020 by

The Notifiable Data Breaches (NDB) scheme was established to improve consumer protection and promote better security standards to safeguard personal information in Australia.  The NDB scheme applies to all agencies and organisations who are protected by the Privacy Act 1988 (Cth) (Act) and required to take personal steps to secure personal information.

The Australian Information Commissioner (OAIC) publishes reports on notifications received under the NDB scheme to track the leading causes and sources of data breaches, and to draw attention to potential issues and areas that entities regulated under the Act need to have ongoing awareness of.  This article summarises the findings of the NDB Report for the period from 1 January to 30 June 2020. [Read more…]

Filed Under: Corporate Law, Legal Articles, Privacy Law Tagged With: , ,

Data breaches: what exactly is serious harm?

26 February 2020 by

The Notifiable Data Breaches Scheme applies to entities (APP Entities) that are required to protect personal information pursuant to the Australian Privacy Act 1988 (Cth) (Act).  The Act provides that where an eligible data breach (EDB) occurs, APP Entities in control of that information must notify the Office of the Australian Information Commissioner (OAIC) and the individuals who are affected by the EDB. [Read more…]

Filed Under: IT Law, Legal Articles, Privacy Law, Technology Law Tagged With: , , ,

Need a reseller agreement?

21 May 2019 by

A reseller agreement (Reseller Agreement) is a contract that entitles one party (Reseller) to sell, market, distribute, or lease a product or service of another (Supplier).  Resellers Agreements are also known as distribution, supply or distributor agreements. Often the Supplier is also the manufacturer of the goods but they may be the importer, a developer of the service or a licensee of software or training programs. [Read more…]

Filed Under: Commercial Law, Corporate Law, Franchising, Intellectual property litigation, Mergers and acquisitions, Privacy Law Tagged With: , ,

Privacy Awareness Week 2019 – 12-18 May 2019

14 May 2019 by

During  Privacy  Awareness  week  2019 Australian businesses  are  reminded  they  are  entrusted  with  certain  responsibilities  pursuant  to  the  Privacy  Act  1988  (Cth) (Privacy  Act).    In  particular  the  way  they  collect,  store  and  disclose  the  personal  information  of  their  customers. [Read more…]

Filed Under: Intellectual property litigation, Internet Law, Privacy Law, Technology Law Tagged With: , , , ,

Abhorrent violent material prohibited

12 April 2019 by

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…]

Filed Under: Internet Law, Legal Events, Privacy Law, Social Media Law, Technology Law Tagged With: , , , ,

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

20 July 2018 by

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…]

Filed Under: Commercial Law, Corporate Law, IT Law, Legal Articles, Privacy Law, Technology Law Tagged With: , , , , , , , , ,

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

25 May 2018 by

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…]

Filed Under: Legal Articles, Privacy Law, Technology Law Tagged With: , ,

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

27 March 2018 by

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…]

Filed Under: Legal Articles, Privacy Law Tagged With: , , ,

The Meaning of Personal Information

27 April 2017 by

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…]

Filed Under: Legal Articles, Privacy Law Tagged With: , ,

The increasing burden of data security

25 August 2015 by

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…]

Filed Under: Commercial Law, Privacy Law, Technology Law Tagged With: , ,
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