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 […]
ReadmoreGadens Regulatory Recap – 24 September 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, and ACCC including various enforcement actions taken by the regulators. ASIC ASIC calls on product issuers to review distribution practices for DDO compliance: ASIC is urging product issuers to improve their distribution practices following a review that found significant issues with how […]
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 […]
ReadmoreGadens Regulatory Recap – 4 September 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, OAIC, Treasury, and the Federal Parliament including various enforcement actions taken by the regulators. ASIC ASIC continues extensive action against greenwashing ASIC has made 47 regulatory interventions in relation to greenwashing misconduct, including commencing two Federal Court proceedings and issuing over […]
ReadmoreGadens Regulatory Recap – 21 August 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, OAIC, ACCC, and Treasury including various enforcement actions taken by the regulators. ASIC Financial advice update: The Financial Advice Update, published by ASIC on 9 August 2024, highlights key regulatory developments affecting Australian financial services (AFS) licensees and financial advisers. The update […]
ReadmoreGadens Regulatory Recap – 8 August 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, OAIC, ACCC, and Treasury including various enforcement actions taken by the regulators. ASIC ASIC’s first greenwashing case results in landmark $11.3 million penalty for Mercer The Federal Court has ordered Mercer Superannuation (Australia) Limited (Mercer) to pay $11.3 million in penalties in […]
ReadmoreGadens Regulatory Recap – 29 July 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, OAIC, ACCC, and Treasury including various enforcement actions taken by the regulators. ASIC ASIC and OAIC share Memorandum of Understanding on information sharing to accelerate data and privacy breach responses: ASIC and the OAIC have agreed to and entered a Memorandum of […]
ReadmorePrivacy & Data Law Series | ALI and ALJ (Privacy) [2024] AICmr 131: Australian Privacy Principles and application of the employee records exemption
In the recent decision of ALI and ALJ (Privacy) [2024] AICmr 131 by the Australian Privacy Commissioner (the Commissioner), an employer was held to have breached Australian Privacy Principle (APP) 6.1 which governs the use or disclosure of personal information under the Privacy Act 1988 (Cth) (Privacy Act). This came after the employer unsuccessfully relied […]
ReadmoreGadens Regulatory Recap – 11 July 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, AFCA, ACCC, Treasury, and legislative updates, including various enforcement actions taken by the regulators. ASIC AFS licensees required to notify ASIC about ‘experienced provider pathway’ declaration From 1 July 2024, AFS licensees must notify ASIC within 30 business days if they receive […]
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