No legal professional privilege for Deloitte forensic report in Optus data breach litigation
Optus has lost a bid in the Australian federal court to keep secret a Deloitte...
19 November, 2023
OAIC sues ACL for security failure
In November 2023, the Office of the Australian Information Commissioner (OAIC) announced the commencement of...
16 November, 2023
Persevering Progress: Privacy Act ‘Accountability’ Reforms
Earlier this year, we provided an update on the privacy reform proposals related to ‘accountability’...
27 October, 2023
Cyber security regulation in Australia: What’s the current status?
Will Australia be getting a Cyber Security Act any time soon? The cyber security regulatory...
27 October, 2023
Privacy Act changes … still more thinking to be done?
Changes to the Privacy Act changes have been been flagged in the Australian Government’s response...
10 October, 2023
ACCC fines Meta … two cops on the privacy beat
In July 2023, the Australian Federal Court ordered two subsidiaries of social media giant Meta...
06 October, 2023
Australia’s AI regulation discussion paper: Late to the party again …
Regulating AI has been on the agenda globally for some time, amid growing concern over...
24 July, 2023
Finally! A new EU-US Data Transfer Framework
After three years of limbo, personal data can flow from the EU to companies in...
12 July, 2023
AI Regulation Around The World
In May, hundreds of AI experts warned that AI (if left unchecked) could pose an...
30 June, 2023
Privacy after death: Time for a re-think?
In Australia, privacy protections don't apply once you're dead. What do Kylie Minogue, John Lennon, Madge...
29 June, 2023
Key Themes from Recent Spam Penalties by ACMA
Sending unsolicited emails, or spam, can not only damage your organisation’s reputation but also land...
19 May, 2023
More about dark patterns …
Dark patterns is a subject close to our heart. We’ve written about them before, including: Dark...
09 May, 2023
Increased Accountability Obligations: Privacy Act Review Report Deep Dive Part 4
In February 2023, the Australian Attorney-General released its Privacy Act Review Report 2022 and we...
08 May, 2023
New Australian Laws Proposed for Direct Marketing, Targeting, & Data Analytics: Privacy Act Review Report Deep Dive Part 3
We’ll continue our deep dive into Australia’s Privacy Act Review report in this article. We...
26 April, 2023
Australia’s New Cyber Security Strategy: Call for submissions
On 8 December 2022, the Minister for Cyber Security, the Hon. Clare O’Neil MP, announced...
20 April, 2023
Ch. Ch. Ch. Changing Definitions in Australian Privacy: Privacy Act Review Deep Dive
We’re continuing our deep dive into the Privacy Act Review Report. You can read our...
18 April, 2023
Responding to Access Requests: Practical Tips to Meet Your Privacy Obligations
Organisations covered by the Australian Privacy Act must provide access to the personal information the...
12 April, 2023
Avoiding Privacy Issues When Recruiting Staff: 10 Practical Tips
When a potential hire sends you their CV, you will likely collect their personal information....
25 February, 2023
More on recording conversations in Australia: What is allowed?
Can you record conversations in Australia? This is the most common question we get asked...
25 January, 2023
Online DNA Testing – Solving mysteries and creating new problems?
DNA testing – should we care? You may have seen The Lost King, a fascinating film...
23 January, 2023
Big data and de-identification: Taking a risk management approach
Big data offers huge benefits: it improves human life with new medical and health solutions...
11 January, 2023
Electronic Surveillance Reform in Australia: What can we expect next?
Australia’s regulation of electronic surveillance has been a mess for some time. When it announced...
18 December, 2022
CPRA: New privacy obligations in California to take effect from 1 January 2023
The CPRA (California Privacy Rights Act) is set to change the face of privacy in...
24 November, 2022
Privacy Act Amendments: Real deterrent or window dressing?
With Optus and Medibank data breaches affecting over 10 million Australians, many have pointed to...
09 November, 2022
California’s Sephora Enforcement Action – What Does It Mean for Australian Organisations?
While million-dollar fines are commonplace in Europe, the $1.2million settlement following the Sephora Enforcement Action...
21 October, 2022
Email Marketing Compliance Do’s & Don’ts When Buying Lists and Data Scraping
Email marketing can be exceptionally effective – but engaging in it is also rife with...
17 October, 2022
Optus Data Breach: Time for change?
The Optus data breach has exposed how harmful a cyber incident can be. Many are...
05 October, 2022
The Right to Privacy & Roe v Wade: The Little-Known Link Between Privacy Rights and Abortion Explained
Roe v Wade, the US Supreme Court case which protected the right to abortion for...
23 September, 2022
Employee Photos and Privacy: What You Need To Know
Key takeaways: Employee photos may be personal information for the purposes of the Privacy Act,...
10 April, 2021
Email Marketing Laws in Australia That Direct Marketers Need to Know About
Email marketing is remarkably effective. In its 2021 Email Marketing ROI Statistics report Barilliance cites the average return-on-investment...
07 May, 2021
Is a work email address covered by privacy laws?
One of the most common privacy questions is: are work email addresses considered personal information...
11 October, 2021
What does privacy compliance cost Australian small businesses?
Small businesses[1] are largely exempt from the Australian Privacy Act 1988 (Cth) and this is...
14 December, 2021
Data Breach Notifications in Australia: The basic guide to who, what, when, how, and why
The Office of the Australian Information Commissioner (OAIC) recently released its Notifiable Data Breaches Report: January...
26 October, 2021
Data Sharing and Third Parties: Questions to ask before sharing personal information you’ve collected
Regulators around the globe have been targeting their enforcement efforts at companies that engage in...
05 February, 2022
Data Mapping: How to Map Your Data for Better Privacy Management
Data mapping is one of the most critical steps in any privacy program. Maintaining a...
19 June, 2021
More surveillance powers for Australian law enforcement
Australian federal law enforcement agencies can now alter online data and take over on-line accounts....
09 September, 2021
The end to ASIC v RI Advice: Cyber security take-aways for Australian organisations
In early May 2022, the Australian Federal Court released its judgement in the long-running ASIC...
06 May, 2022
Ransomware in Australia: Legal Liability, Notifications and Your Obligations
Ransomware in Australia is on the rise! As a result, regulators are paying more and...
23 March, 2022
The Difference Between ‘Security’ and ‘Privacy’ Jobs – And Why IT Matters
Today, there’s no such thing as the ‘ideal background’ for a privacy professional. Privacy is...
01 April, 2021
Privacy Cases in Australia: Any Progress?
In 2019, we reported on three (3) Australian data breach class actions. Nearly 2 years...
26 May, 2020
Voice Recording Laws: Is It Legal to Record a Conversation in Australia?
Australia has a patchwork of state laws that cover listening devices and the surveillance of...
15 September, 2022
Who Needs to Comply with China’s PIPL?
Organisations are getting used to the extraterritorial scope of privacy laws enacted in other countries,...
20 August, 2022
Canada’s Digital Charter Implementation Act 2022 – And What Australia Can Learn From It
Canada appears to be looking to update and strengthen its digital privacy with the introduction...
12 August, 2022
Queensland’s Information Privacy Act review: What’s being considered?
Queensland is updating its Information Privacy and Right to Information Framework, with a consultation paper...
10 August, 2022
The American Data Privacy and Protection Act (ADPPA): What’s happening?
The American Data Privacy and Protection Act (ADPPA) is making its way through the US...
10 August, 2022
PIPL: Proposed China SCCs for Cross Border Transfers
On 30 June 2022, the Cyberspace Administration of China (CAC) released a template agreement for...
05 August, 2022
What is Australia doing about scams? The ACCC’s 3 pronged approach
The Australian Competition and Consumer Commission (ACCC) has proposed a “three-pronged approach” to ensure Australia...
22 July, 2022
Thailand Privacy Law Becomes Operational: 5 Compliance Issues
Thailand enacted its comprehensive privacy law on 28 May 2019. After giving covered organisations three...
14 July, 2022
What Privacy Professionals Need to Know About Dark Patterns Regulation
Dark patterns regulation has emerged as a focus in both the US and EU over...
30 June, 2022
EU’s New Deal for Consumers: a dark future for dark patterns
Laws banning dark patterns, hidden advertising, and manipulated consumer reviews became effective in the EU...
24 June, 2022
Privacy Enforcement in APAC: Privacy Breach Penalties by APAC Regulators
Privacy breaches and enforcement in Europe, the US, and Australia garner much media attention in...
17 June, 2022
Transfer Impact Assessments Under the New SCCs: What You Need to Know
The New SCCs require organisations to undertake a transfer impact assessment before completing a transfer...
10 June, 2022
Delayed Data Breach Notification: When is it okay to delay?
Under Australian law, organisations are required to notify the Office of the Australian Information Commissioner...
22 April, 2022
The Consequences of Privacy Regulatory Inaction: Some lessons from the EU for Australia
When the GDPR introduced hefty new fines and more stream lined enforcement, many privacy advocates...
24 March, 2022
China’s PIPL: A Guide to What’s Covered
China’s privacy law, the Personal Information Protection Law (PIPL), came into effect on November 1,...
09 March, 2022
Cambridge Analytica Scandal Fallout: Facebook Appeal Dismissed by Australia’s Federal Court
Late last month, in our coverage of the largest GDPR fines in 2021, we outlined...
10 February, 2022
GDPR Fines in 2021: What can we learn?
EU privacy regulators last year levied fines totalling more than €1 billion for GDPR breaches,...
26 January, 2022
Australia’s Privacy Act Review: Another missed opportunity?
Privacy 108 has submitted its response to the Privacy Act Review Discussion Paper. You can...
25 January, 2022
Re-introducing the Re-identification Offence Bill: The dumbest privacy idea this year?
The Privacy Act Discussion Paper, the latest stage in the comprehensive review of Australia's Privacy ...
29 December, 2021
CLOUD Agreement eases law enforcement access to big tech data
On December 15, 2021, the United States and Australia signed an agreement to make it...
19 December, 2021
EDPB Data Transfer Guidance: Draft released for consultation
Many Australian organisations have suffered the double whammy of being caught by the extra territorial...
01 December, 2021
Should small businesses be exempt from the Privacy Act?
In October 2021, the Australian Attorney-General's Department issued a discussion paper seeking further submissions on...
30 November, 2021
Ransomware Action Plan: Another new cyber security law for Australia?
In mid-October 2021, Australia’s new Ransomware Action Plan was released by the Department of Home...
02 November, 2021
Update on Australia’s First Cyber Security Case: ASIC v RI Advice
Earlier this year, we published a post about Australia’s First Cyber Security Case – ASIC...
30 October, 2021
The Changing Landscape of Cookie Laws in APAC
How are Cookie laws changing in APAC? We recently covered the move away from the use...
25 October, 2021
Are cookies losing their flavour?
The world of on-line cookies is changing with regulators making their use more difficult, browsers...
10 September, 2021
China’s new Personal Information Privacy Law: Yet another piece in a complex puzzle
Another piece is added to the jigsaw of China’s privacy and security laws. The Personal...
25 August, 2021
Is cyber security regulation possible in Australia?
On 13 July 2021, the Australian Government through the Department of Home Affairs (DHA) opened consultation...
05 August, 2021
Mandatory notice of ransomware payments: Is it a good idea?
There is no doubt that ransomware attacks are amongst the most serious cyber threats to...
03 August, 2021
China’s new Data Security Law (DSL): Another piece in a complex puzzle
China has released a new Data Security Law that adds to the existing web of...
08 July, 2021
Ensuring AI supports Human Rights? Recommendations from the Australian Human Rights Commission
Concerns around bias, discrimination and unfairness dog the use of Artificial Intelligence, not without justification...
06 July, 2021
Privacy Impact Assessments as a Business Tool: Make better decisions with PIAs
Privacy impact assessments are an underutilised tool that organisations can use to enhance data protection...
12 June, 2021
Concluding the Saga? The New SCCs for GDPR-Compliant Third-Party Data Transfers Have Arrived
On 4 June, the European Commission (EC) published its finalised version of the new Standard...
11 June, 2021
World-First Enforcement in ACCC v Google: Here’s What You Need To Know
The ACCC has successfully argued that Google engaged in misleading and deceptive conduct in a world-first enforcement proceeding....
22 May, 2021
Digital Privacy in Australia in 2021: 3 Lessons for Australian Businesses from Global Privacy Laws
Global privacy law is undergoing massive change. Different countries are trying to keep up with...
19 May, 2021
5 Steps to Ensure Your Privacy Policies are Effective
Our earlier article about Flight Centre’s 2017 privacy breach and OAIC investigation received quite a bit of...
22 April, 2021
Securing health information: What can we learn from the OAIC’s assessment of Healthscope?
In November 2020, the OAIC released its report into Healthscope’s security and privacy processes. According...
29 March, 2021
A Quick Guide to Safely Transferring Files – Digitally
The safety of digital files in transit was recently thrown into the spotlight by the Accellion...
25 March, 2021
A solution to the trans-Atlantic data transfer problem: Cryptoloc provides GDPR supplementary measures
Brisbane based Cryptoloc's innovative encryption process may be the supplementary measure your business needs to...
25 March, 2021
3 Business Lessons From The OAIC 2020 Highlights
The OAIC 2020 Highlights Infographic gives us plenty of information about the direction of privacy...
12 March, 2021
Australia’s first cyber security case? ASIC v RI Advice
ASIC's action against RI Advice Group might be Australia's first cyber security case. On 21 August...
11 March, 2021
Privacy Tips for Businesses: Data Minimisation in Practice
A culture of data minimisation comes with significant business benefits, like risk mitigation, better customer relations,...
25 February, 2021
Draft UK Adequacy Decisions – Things are looking up for EU-UK data transfers
The EU Commission’s draft opinion favours recognising UK as an adequate jurisdiction for data transfers,...
22 February, 2021
What’s Up With WhatsApp’s Privacy Policy?
In January, WhatsApp users received a popup outlining that they’d need to agree to the new terms...
19 February, 2021
Privacy 108 Responds to Privacy Act Issues Paper
In November 2020, the Australian Federal Government commenced its latest review of the Privacy Act...
31 January, 2021
Who’s responsible? Employer liability for data breaches
Are employers responsible for their employees' data breaches? A recent decision in the UK might allay...
21 July, 2020
NZ gets a new privacy law … but has it gone far enough?
On 26 June 2020, the NZ Parliament passed a bill reforming the nation's privacy law,...
02 July, 2020
Privacy and Australia’s COVIDSafe App
How does Australia’s COVIDSafe App stack up from a privacy perspective? Introduction For most, the exit strategy...
18 June, 2020
Australian class actions for data breach: A new phenomena?
Given the uncertainty about the right to sue for breach of privacy in Australia, introduction...
25 May, 2020
Test, track and trace: privacy issues for Australian businesses
Test, track and trace is becoming the universal strategy to support a move out of...
18 May, 2020