Bunnings’ use of facial recognition technology found to breach the Privacy Act – What lessons can be learned?
On 29 October 2024, after an almost 2-year investigation, the Australian Privacy Commissioner (Commissioner) determined that retail giant, Bunnings, had, through its use of facial recognition technology at 62 of its retail stores around the country between 6 November 2018 and 30 November 2021, interfered with the privacy of hundreds of thousands of customers.[1] Facial […]
ReadmoreConsumer Express | October 2024 Edition
In our tenth edition of Consumer Express we consider the hot topics facing our consumer clients, including the right to disconnect and what it really means, the first tranche of the new privacy reforms and how to prepare for what’s coming, helpful tips on structuring trade promotions, as well as AI washing. Our regulators have […]
ReadmoreA tectonic shift – Australia’s first dedicated Cyber Security Act
Hot off the heels of its first tranche of reforms to the Privacy Act, the Federal Government has released a raft of cyber security legislation to ‘achieve Australia’s vision of being a world leader in cyber security by 2030’,[1] including Australia’s first dedicated ‘Cyber Security Act.’ Minister for Cyber Security Tony Burke introduced the: Cyber […]
ReadmoreGovernment publishes Consultation on the Mandatory Guardrails for AI in high-risk settings
In a busy period for Government on technology and data law reforms, in conjunction with its ongoing reviews of AI technology and systems, and complementing the Voluntary AI Safety Standard unveiled by Minister Ed Husic, the Federal Government recently released its ‘Proposals Paper for introducing mandatory guardrails for AI in high-risk settings’ (Paper) as an […]
ReadmoreFirst tranche of Privacy Act reforms enter parliament
The long-awaited Privacy Act 1988 (Cth) (Privacy Act) reforms are finally here, with the Privacy and Other Legislation Amendment Bill 2024 presented before parliament yesterday. After almost four years since the commencement of the Privacy Act Review, the government has introduced the first ‘tranche’ of these reforms. In tabling before parliament, the Attorney-General Mark Dreyfus […]
ReadmorePrivacy & Data Law Series | Where are we now?
2024 is proving to be another significant year in the evolving privacy and data law environment. We have had some watershed announcements following the developments that took place during 2023, including the Government’s proposal to fast-track to August 2024 certain of the agreed changes proposed in their response to the Privacy Act Review Report (in particular […]
ReadmoreDoing business in Australia
The Gadens Doing business in Australia guide provides foreign investors with an overview of the Australian business, economic and regulatory environment, as well as practical advice on how to go about setting up and doing business in Australia. Australia is an ideal investment location for foreign companies looking to grow internationally, benefitting from well-developed infrastructure, […]
ReadmoreOAIC Medibank action a wakeup call for organisations to uplift privacy compliance
The Office of the Australian Information Commissioner (OAIC) has made data breaches a regulatory priority for 2023-2024, with an increased focus on regulatory action where there may be serious failures to take reasonable steps to protect personal information, inappropriate data retention practices or failures to comply with the notification procedure from the Notifiable Data Breaches […]
ReadmoreAI’s Ultron Moment – Johansson Takes on OpenAI Over Uncanny Voice Resemblance
You’ve heard of a lookalike, but have you heard of a soundalike? The Aural Uncanny Valley: it’s something that sounds the same as something else, but is just not quite right. New generative AI (gen-AI) tools have boldly gone where no human has gone before, using AI-generated voices to create song covers by your favourite […]
ReadmoreFMCG Express | March 2024 Edition
In this edition of FMCG Express we consider the regulatory landscape of AI, what to do when you receive a (potentially) defamatory online review, recent Fair Work Act changes (particularly how these changes affect casual workers), and we consider specifics around ESG reporting. Partner Breanna Davies and the Gadens team have prepared this edition to […]
ReadmoreFinder: ASIC to continue to pursue cases to clarify crypto regulation as the Federal Court finds that a crypto-asset is not a debenture
The Federal Court has handed down its second significant decision involving crypto assets this year. The judgment in ASIC v Finder Wallet Pty Ltd[1] (Finder) follows the recent decision in the BlockEarner case[2] and provides some further guidance for crypto-asset issuers attempting to navigate the present uncertainty around the intersection of digital assets and financial […]
ReadmoreBuy Now Pay Later: the shape of the new regulatory regime
Treasury has released the much anticipated draft legislation for the regulation of Buy Now Pay Later (BNPL) products and confirmed that BNPL providers should prepare to obtain a new or modified Australian Credit Licence and work through the impact of being regulated as credit providers on their businesses. Anti-avoidance protections promise to ensure there is […]
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