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Your 'Metadata' as Personal Information
Insight 07 May 2015

In a decision published this week the Australian Privacy Commissioner has clarified that metadata may be personal information when an organisation has the capacity and resources to link that information to an individual Partner Michael Pattison Associate Priyanka Nair and Law Graduate Leah Wickman ...

Ransomware attacks on the rise
Insight 29 Jun 2017

With an upward trend in large-scale ransomware attacks and the number of data breaches reported globally mandatory data breach notification will become law in Australia in February 2018 This will place privacy compliance and cyber security in sharp focus Partner Michael Park Lawyer Samantha Naylor ...

Release of exposure draft of mandatory data breach notification laws
Insight 08 Dec 2015

The Federal Government has taken the first step in fulfilling its promise to introduce a mandatory data breach notification scheme Under an exposure draft of the proposed legislation companies will be required to notify the Office of the Australian Information Commission and affected individuals of ...

Clarification on the meaning of 'personal information'
Insight 01 Feb 2016

The AAT has overturned the Grubb determination of the Commonwealth Privacy Commissioner and found that mobile network data from an individual's phone activity does not constitute 'personal information' under the Privacy Act ...

Federal Government's bold vision for data availability and use
Insight 04 May 2018

The Federal Governments response to the Productivity Commissions report on data availability and use released this week outlines a bold vision but has a surprising lack of detail suggesting implementation is likely to be some way off If legislation is introduced the new regime will result in a ...

Double trouble: How to handle a data breach involving more than one organisation
Insight 21 Feb 2018

Where multiple entities jointly hold personal information compromised in a data breach only one of those entities will need to comply with the assessment and notification requirements under the Notifiable Data Breaches Scheme NDB Scheme That is compliance by one entity will be taken to constitute ...

ASIC Corporate Plan puts cyber resilience high on the agenda
Insight 16 Oct 2017

ASIC's latest Corporate Plan has put cyber resilience high on the agenda ...

The devil in the detail - observations on the scope of CDR data and the new Privacy Safeguards
Insight 10 Sep 2018

While the Consumer Data Right CDR regime is likely to benefit businesses by increasing access to greater consumer data and customers by increasing choice and competition the draft legislation leaves a lot of the details to be finalised at a later date primarily through the Australian Competition and ...

Risky business - remedies and enforcement powers for CDR breaches
Insight 10 Sep 2018

As part of the new Consumer Data Right CDR framework a new regime of offences remedies and enforcement powers will be implemented The Australian Competition and Consumer Commission ACCC will have primary oversight for the enforcement of the regime though the OAIC will handle privacy complaints in ...

Breaking - Australian Government releases draft decryption legislation
Insight 15 Aug 2018

The Australian Government has released draft legislation to provide national security and law enforcement agencies with means to access encrypted communications and devices The draft legislation aims to respond to the increasingly widespread use of encryption by Australian consumers and the ...

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