De-encryption Bill currently before Joint Committee

The much awaited Telecommunications and other Legislation Amendment (Assistance And Access) De-encryption Bill 2018 (De-encryption Bill) has been referred to the Parliamentary Joint Committee on Intelligence and Security (Joint Committee).  The Joint Committee has allowed three (3) weeks for submissions.  It is a very short time-frame for submissions considering the controversial nature of the Bill.  Submissions close on 12 October 2018 and a hearing will then be held by the Joint Committee one (1) week later.  The De-encryption De-encryption Bill (if passed) amends the Telecommunications Act 1997(Cth) (and various other acts) and has the stated aim of “establishing frameworks for voluntary and mandatory industry assistance to law enforcement and intelligence agencies in relation to encryption technologies via the issuance of technical assistance requests, technical assistance notices and technical capability notices….” [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…]

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…]

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…]

Are your privacy practices compliant with the amended Privacy Act 1988 (Cth)?

Business and government organisations need to prepare for changes to the Privacy Act 1988 (Cth) (Privacy Act) that will take effect on 12 March 2014.

The reforms introduce thirteen (13) new Australian Privacy Principles (APPs) that replace the previous National Privacy Principles and Information Privacy Principles.  Most importantly, Schedule 4 of the Privacy Amendment (Enhancing Privacy Protection) Act 2012[1] establishes a civil penalty regime that allows the Federal Court or the Federal Circuit Court to order significant penalties for non-compliance.

[Read more…]

Why do we need a Privacy Act Compliance Audit (PACA)?

What is a Privacy Act compliance audit?

Businesses have responsibilities pursuant to the Privacy Act 1988 (Cth) (Privacy Act) to make sure that they comply with the ten (10) National Privacy Principles (NPP) in accordance with the Privacy Act.

A Privacy Act Compliance Audit (PACA) is a threshold assessment that assists an organisation to determine whether or not they are compliant with the Privacy Act.  Further, a PACA can provide an organisation with practical go forward methodologies about the way that they collect, hold, use and disclose an individual’s personal information.

At present businesses are preparing to review their processes as legislative amendments come into force in March 2014.  At this time, further obligations will be imposed by the Privacy Act.  This means that they must adhere to a new set of privacy principles called the Australian Privacy Principles (APPs).  Read a summary of the changes here. [Read more…]

How will the new Privacy laws affect your organisation?

What are the changes?

Legislative changes to the Privacy Act 1988 (Cth) (Privacy Act) will come into effect on 12 March 2014.  The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) (Amendments) amends the Privacy Act by introducing:

  • a new definition of Personal Information;
  • the Australian Privacy Principles (APP);
  • a more comprehensive credit reporting system;
  • new provisions on privacy and credit reporting codes; and
  • new powers for the Privacy Commissioner

[Read more…]

Privacy Amendment (Enhancing Privacy Protection) Bill 2012 (Cth)

Proposed changes to the Privacy Act 1988 (Cth) (Privacy Act) have passed the House of Representatives and is now before the Senate for consideration.   The Privacy Amendment (Enhancing Privacy Protection) Bill 2012 (Amendments) amends the Privacy Act by introducing:

  • a new definition of personal information;
  • the Australian Privacy Principles (APPs);
  • a more comprehensive credit reporting system;
  • new provisions on privacy and credit reporting codes; and
  • new powers for the Privacy Commissioner.

[Read more…]

Dundas Lawyers
Street Address Suite 12, Level 9, 320 Adelaide Street Brisbane QLD 4001

Tel: 07 3221 0013

Send this to a friend