No 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 […]

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Doing Business in Australia

The Australian Government welcomes foreign investment. With well-developed infrastructure, a stable political environment, robust economy and easy access to Asia Pacific, Australia is an ideal investment location for foreign companies looking to grow internationally. There are important considerations for foreign investors to make when deciding on how to enter the Australian market. Whether it’s the […]

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Digital 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’ […]

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Lessons 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 […]

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Major 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 […]

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ACCC 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 […]

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Profiles 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 […]

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Data protection and the human error curse: Part 1 | Why CEOs and Directors need to be concerned

Something as simple as inadvertently sending a customer’s personal information to another person could cost your company dearly – lost earnings, lost customers, lost business partners, damage to reputation and increased compliance costs. If your company is governed by the Privacy Act 1988 (Cth), is a credit provider, deals with personal or health information or […]

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Changes in the pipeline for data protection in Queensland

2018 has been a big year in data. Spurred on by recent well publicised global data breaches such as the Cambridge Analytica‘s data harvesting of Facebook in the lead up to the 2016 US presidential elections), this year has seen the introduction of ground-breaking new data laws both in Australia and internationally. This article explores […]

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Profiles in Privacy | Fiona Anderson, Treasury Wine Estates

In our Profiles in Privacy series, we profile prominent players in privacy and data protection in Australia. Fiona Anderson, Senior Legal Counsel at Treasury Wine Estates, has nearly 18 years experience as a commercial lawyer. She has been in the legal team at Treasury Wine Estates for over 7 years and takes the lead within […]

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Malicious or criminal attacks the main cause of notifiable data breaches

The number of reported data breaches in Australia significantly increased in the period of 1 April to 30 June 2018, according to the second report on the Notifiable Data Breaches scheme by the Office of the Australian Information Commissioner (OAIC).  The scheme, which commenced on 22 February 2018, requires private sector and federal government entities […]

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Privacy Compliance Checklist

Privacy Awareness Week starts on 13 May 2018.  To celebrate, Gadens shares its tips on what to include in your privacy compliance program. Click here to view full size image    

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