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 […]
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 […]
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 […]
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 […]
ReadmoreBe GLAD it’s not you! ACCC launches Federal Court greenwashing proceedings against Clorox Australia Pty Ltd
The Australian Competition and Consumer Commission (ACCC) recently announced that it has commenced Federal Court proceedings against the manufacturer of GLAD-branded kitchen and garbage bag products, Clorox Australia Pty Ltd (GLAD), for alleged false or misleading representations displayed on their products and packaging. This comes after the ACCC released guidance on environmental claims in December […]
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 […]
ReadmoreNew announcements made ahead of Federal Government’s updated Cyber Security Strategy release
Cyber note – New developments: Australian businesses to report cyber ransom demands under proposed no-fault system New cyber-risk reporting requirements for Australian telcos With its updated Cyber Security Strategy expected to be released next week, the Federal Government has set the scene, by making a number of early announcements. What is telling is that these […]
ReadmoreA step in the right direction – Australian Government Response to Privacy Act Reforms
Following the Attorney-General’s Department’s Privacy Act Review Report published in February 2023 (Report), the Australian Government has just published its response to the Report (Response). The Response follows submissions from various stakeholders (including by a submission by Gadens) on the 116 proposals in the Report that look to overhaul the current Privacy Act 1988 (Cth) […]
ReadmoreFMCG Express | September 2023 Edition
In this edition of FMCG Express we consider the practicalities of implementing UCT regime required changes, recent ACCC enforcement activity and consider what risks ‘greenwashing’ can pose for our clients. We also touch on employer obligations regarding psychosocial safety and hazards, the Retail Award and other legislative changes. Partner Breanna Davies and the Gadens team […]
ReadmoreThe decision is clear – the AAT confirms that the Privacy Act applies to Clearview AI’s conduct
As briefly noted in our Gadens Regulatory Recap on 30 May 2023, the Administrative Appeals Tribunal (AAT) has recently handed down its decision regarding the conduct of Clearview AI Inc (Clearview AI), confirming the applicability of the Privacy Act 1988 (Cth) (Privacy Act) to the conduct of entities overseas, and recent amendments to the Privacy […]
ReadmorePrivacy Act Reforms – will individuals’ rights impact your business?
It has only been three months since the Attorney General’s Office released its report (Report) on the proposed amendments to the Privacy Act 1988 (Cth) (Privacy Act). The Report made 116 recommendations for reform. The recommended reforms are extensive and will, if implemented, have a substantial effect on how businesses regulated under the Privacy Act […]
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