Data breaches: what exactly is serious harm?

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…]

Do you need to disclose a computer database?

In a litigious matter in the Queensland Courts, once all the parties in the proceedings have filed their pleadings (documents such as a Statement of Claim, Defence and Reply), pleadings are said to have ‘closed’.  Once pleadings have closed, parties are then under an obligation to provide disclosure.  A critical element of providing disclosure is determining what documents each party has a duty to disclose.  In this article, we consider whether or not a computer database is capable of being disclosed. [Read more…]

Legal issues for data loss

It’s horrible for any organisation to contemplate the possibility of data loss.   Organisations collect and create a variety of data that includes personal, confidential and proprietary information (Intellectual Property).  In many instances, loss of this data can be terminal for the organisation.  Losses can be economic and reputational and can be thought of coming from two (2) distinct sources, external or internal.

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Data Breach Bill 2016 – considerations for data security

Updated 4 April 2017.

In recent times, high profile data breaches such as the 2015 Ashley Madison scandal, which saw the names of up to 900,000 Australian users published online, have shown the type of detriment that can be caused when personal information is compromised by a data breach.  Even icons of the Australian retail sector such as Kmart and David Jones have had customer data lost to hackers in 2015.  One year prior, Optus reported three (3) separate data breaches, with the security of the personal information of over 300,000 of its customers being compromised.  These are just a few instances which highlight the magnitude of the issue in Australia. [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…]

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