Catagory:Breaches

1
Ransomware attacks – is there harm even when nothing is stolen?
2
New Guidance Released for Australian Listed Companies on Continuous Disclosure Obligations During a Cyber Incident
3
Japanese Privacy Regulator Cautioned Businesses regarding Issues Relating to Generative AI Services
4
Privacy Awareness Week Part IV – Privacy Priorities
5
Privacy Awareness Week Part III- The importance of being privacy prepared
6
Privacy Awareness Week Part II- Get in the know and get privacy right
7
Privacy Awareness Week Part I- The state of play
8
Proposed cyber ransom bans predicted to cause “catastrophic damage”
9
Good report card but data breaches are up, with no sign of letting up
10
Australia to be the most cyber secure nation?

Ransomware attacks – is there harm even when nothing is stolen?

In November 2020, accounting and consulting firm Nexia Australia (Nexia) was alerted to a “REvil” ransomware attack taking place within its system. The attackers threatened to post personal information of Nexia’s clients, customers and staff online unless it paid a $1m ransom within 72 hours.

It was reported that the hackers appeared to have posted Nexia’s confidential files onto the dark web; however, further investigation revealed that the hackers had merely posted screenshots of Nexia’s files. Realising this, Nexia dismissed the threat and refused to pay the ransom.

But it didn’t end there.

Shortly after the attack, a news service found the Nexia file screenshots on the dark web and publicised that the company’s confidential information had been stolen and shared. Not only did Nexia have to reassure panicking clients that their confidential information remained uncompromised, it had to convince the Australian Securities and Investments Commission, the Australian Federal Police and the Privacy Commissioner that nothing of concern had been taken.

It doesn’t help that ransomware-as-a-service is becoming an increasingly lucrative business for cybercriminals to launch this type of attack. All that is needed is off-the-shelf malware, a wallet of cryptocurrency and it’s ready to deploy against an unsuspecting organisation.

The attack on Nexia demonstrates that even if there is no evidence that confidential information has been leaked, organisations can still suffer significant damage. The cost of reassuring stakeholders and mitigating reputational harm can almost match the consequences of a full blown attack.

As Warren Buffet famously quoted, “It takes 20 years to build a reputation and 5 minutes to ruin it”.  While Nexia recovered valiantly, this serves as a lesson that even when unsuccessful, the public ramifications of a ransomware attack are not to be underestimated.

New Guidance Released for Australian Listed Companies on Continuous Disclosure Obligations During a Cyber Incident

By: Cameron Abbott, Andrew Gaffney, Harry Kingsley, Rob Pulham, and Stephanie Mayhew

Australia’s corporate regulator, ASIC, has released new guidance on how to comply with market disclosure requirements when a listed company is in the middle of investigating and responding to a cyber incident.

Read More

Japanese Privacy Regulator Cautioned Businesses regarding Issues Relating to Generative AI Services

By Yuki Sako and Aiko Yamada

Following the call for international standards on Artificial Intelligence (AI) at the recent G7 summit, on 2 June 2023, in a rare move, Japan’s Personal Information Protection Commission (PPC) issued two warnings in a publicly released letter (the “Letter”):

  • Firstly to the three categories of users of generative AI services, i.e.,
    • business operators who collect personal information and thus are subject to the Act on the Protection of Personal Information of Japan (APPI);
    • government agencies, which may adopt generative AI services into their operations; and
    • the general public; and
  • Secondly to the “ChatGPT” developers/publishers. 
Read More

Privacy Awareness Week Part IV – Privacy Priorities

By Cameron Abbott, Rob Pulham and Stephanie Mayhew

Given the current privacy reform and cyber threat environment, the question we get asked a lot is – what are the privacy risks that should be assessed in our organisation and how do we prioritise these? Unfortunately this isn’t always a ‘one size fits all’ answer but there are some basic matters you can check as to whether your organisation is considering privacy risks proactively.

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Privacy Awareness Week Part III- The importance of being privacy prepared

By Cameron Abbott, Rob Pulham, Stephanie Mayhew and Dadar Ahmadi-Pirshahid

The APPs require organisations to “take reasonable steps to implement practices, procedures and systems that ensure compliance with the APPs”. Putting your mind to privacy after a data breach or complaint is very much shutting the stable door after Phar Lap has bolted (good luck getting him back!)

Good privacy management starts with a good privacy culture in your organisation. Recommended steps to develop this include:

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Privacy Awareness Week Part II- Get in the know and get privacy right

By Cameron Abbott, Rob Pulham, and Stephanie Mayhew

With the cyber threat landscape significantly evolving, we are seeing companies – large and small – experience attacks. Recent high-profile attacks have shown that these breaches are alarming, targeting a range of sectors. With millions of Australians more concerned about their privacy than ever before, the federal government is making privacy a priority with the Attorney-General’s Department recently releasing 116 recommendations to amend the Privacy Act. The federal government has also made proposals to consider a new Cyber Security Act and strengthen existing laws around this space. 

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Privacy Awareness Week Part I- The state of play

By Cameron Abbott, Rob Pulham, and Stephanie Mayhew

The theme of this year’s Privacy Awareness Week (PAW) is “back to basics”. It’s fitting to consider some lessons arising from recent high-profile breaches affecting millions of Australians, and the consistent messages we’ve been hearing from the Australian Information Commissioner in the midst of those incidents.

Data breaches can happen to anyone. We know cyberattacks can be big business, and sophisticated criminal networks make a good living from these. And if your organisation has taken reasonable steps to avoid or mitigate such breaches, the fact you’ve encountered one will not, of itself, be held against you.

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Proposed cyber ransom bans predicted to cause “catastrophic damage”

By Cameron AbbottRob PulhamStephanie Mayhew and Dadar Ahmadi-Pirshahid

We saw last year how low hackers are willing to stoop to shame companies into paying ransoms, including leaking sensitive information aimed at embarrassing individuals affected by data breaches. As a result we also saw prominent calls for ransom payments to be ‘banned’, to reduce the financial incentives for hackers to target Australians’ personal information.

We are now hearing the flipside to that argument, with AGL Energy warning that a government-imposed ban on companies paying cyber ransoms to hackers could cause “catastrophic damage”.

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Good report card but data breaches are up, with no sign of letting up

By Cameron Abbott, Rob Pulham, Stephanie Mayhew and Dadar Ahmadi-Pirshahid

[Featured image from a linkedin post of Office of the Australian Information Commissioner made on 3 March 2023]

Shortly after the Government announced their ambition to make Australia a global leader in cyber security, Australia has been named the country with “the greatest progress and commitment toward creating a cyber defence environment” in MIT’s Cyber Defence Index of 2022/23.

However, the Office of the Australian Information Commissioner’s latest notifiable data breaches report paints a different picture. The Commissioner reported a 26% increase in the number of total reported data breaches and a 41% increase in the number of reported data breaches arising from malicious or criminal attacks compared with the first half of 2022. Health service providers and the finance sector were the worst hit, together representing almost a third of reported data breaches.

In releasing the report, the Commissioner once again stressed the need for organisations to collect only the minimum amount of personal information required and deleting it when it is no longer needed. In the report the Commissioner has recommended a number of steps to address the kinds of issues featured in the second half of 2022, including:

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Australia to be the most cyber secure nation?

By Cameron Abbott, Rob Pulham and Dadar Ahmadi-Pirshahid

Not content with merely implementing broad-scale privacy reform, the Government has announced a new position, the Coordinator for Cyber Security to be added to the Department of Home Affairs as a step towards their aim of “making Australia the most cyber secure nation by 2030“.  This would seem to be a rather aspirational target!

The Coordinator will be supported by a National Office for Cyber Security, and their role will be to oversee steps to prevent future cyber security incidents and to help manage cyber incidents as they occur. 

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