FMCG Express | April Edition
It has been a tumultuous start to 2020, with the devastating droughts and bushfire season, followed by the COVID-19 pandemic. Australian businesses have been faced with unprecedented challenges, and the impact on the FMCG, retail and hospitality sectors has been profound. While some areas of the FMCG sector are on the up, others are struggling, […]
ReadmoreCOVID-19 | Managing privacy during a pandemic: practical steps and considerations for businesses
Please note that this information is subject to change as further information and guidance is released by Federal, State and Territory governments. In recent weeks, Gadens has been assisting clients to deal with a range of privacy challenges which have arisen as a result of the global COVID-19 pandemic. Businesses are grappling with the obligations […]
ReadmoreHow to gain a marketplace advantage by anticipating privacy law changes
1. Changes to privacy law are coming It seems almost certain that significant changes to privacy and spam law will happen in Australia within the next 1-2 years. There has been a tide of significant changes to privacy law in other jurisdictions. Most notably: The European Union’s General Data Protection Regulation (GDPR) took effect in […]
ReadmoreCLOUD on the horizon
Australia and the United States (US) have recently entered into negotiations for a bilateral agreement that would enable law enforcement agencies in each country to more easily obtain access to electronic information held by communications service providers (CSPs) in the other country.[1] Electronic communications services, including social media, are increasingly being used to facilitate illegal […]
ReadmoreGovernment response to Digital Platforms Inquiry released
Just in time for Christmas, the Government has publicly released its much anticipated response to the recommendations made under the Australian Competition and Consumer Commission’s (ACCC) final report into the Digital Platforms Inquiry on 26 July 2019. The ACCC’s broad reaching report made 23 recommendations in relation to competition law, consumer protection, media regulation, and […]
ReadmoreDraft Privacy Safeguard Guidelines for Consumer Data Right Released
What is the Consumer Data Right? The new Consumer Data Right (CDR) will take effect in February 2020, first in the banking sector then later in the telecommunications and energy sectors. The Government’s objective is to promote competition, choice and innovation. For example, it should become easier for a consumer to change banks because they […]
ReadmoreNo injunction to enforce legal professional privilege – High Court’s decision in Glencore highlights the extreme risks of data breach
The High Court has in Glencore v Commissioner of Taxation[1] determined unanimously that legal professional privilege is not a legal right that is enforceable by way of an injunction when confidential documents enter the public domain, even as a result of theft. Privilege remains a fundamental right but it is only an immunity from complying […]
ReadmoreDigital platforms inquiry final report released – potentially far reaching privacy impacts for Australian businesses
Key privacy related points The ACCC supports the introduction of much tougher penalties for privacy law breaches. A direct right of action (and class action) could be introduced for breach of the Privacy Act 1988 (Cth). The definition of consent could be amended to require express, opt-in consent. There are recommendations to bolster consumers’ […]
ReadmoreLessons from 12 months of notifiable data breaches in Australia
The notifiable data breach regime under the Privacy Act 1988 (Cth) has now been in place for a little over 12 months. Earlier this week the Office of the Australian Information Commissioner released a 12-month Insights Report which contains some interesting statistics and observations. Statistics – notifiable data breaches Extrapolating from the full-year statistics for […]
ReadmoreMajor changes to privacy law announced – but will they be implemented?
Key points Commonwealth Government announces large increases to penalties for privacy breaches Regulator to receive funding boost and additional enforcement powers Social media sites and other online platforms face further specific privacy requirements Looming Federal election leaves some uncertainty over whether changes will be implemented Mosque massacre prompts Government into action on privacy law reform […]
ReadmoreACCC preliminary report on Google and Facebook could lead to major privacy law changes
On 10 December 2018 the Australian Competition and Consumer Commission released its preliminary report in relation to the Digital Platforms Inquiry which the ACCC has been conducting at the direction of the Commonwealth Government. The Inquiry is into the impact of online search engines, social media and digital content aggregators on competition in the media […]
ReadmoreProfiles in Privacy | Justin Geri, Ferrier Hodgson
Welcome to the December edition of Profiles in Privacy. In this series we profile prominent players in privacy and data protection in Australia Justin Geri is Director – Forensic IT at Ferrier Hodgson in Melbourne. Justin’s services are in high demand amongst organisations that suffer a cybersecurity breach – or that are trying to avoid […]
Readmore
