Government Regulation, Legislation & Enforcement – Page 10

Facial Recognition Technology – Good or Bad?

Jul 15 2019

By Cameron Abbott, Michelle Aggromito and Jacqueline Patishman

As of June 2019, law enforcement agencies are working with the city of Perth in running a 12-month trial in the use of facial recognition software. The trial involves the installation of the software in 30 CCTV cameras and is part of the Federal Government’s Smart Cities plan, which was created with the aim of increasing interconnectivity and building intelligent, technology-enabled infrastructure throughout Australia.

US Internet of Things bill advanced to vote on House floor

Jun 14 2019

By Cameron Abbott and Rebecca Gill

Just a few months ago, we blogged on the ‘Internet of Things’ (or IoT) legislation making an appearance in the US Senate. But now the legislation may be becoming a reality. On Wednesday, the House Committee on Oversight and Reform advanced the Internet of Things Cybersecurity Improvement Act of 2019 to a vote on the House floor.

The bipartisan legislation aims to reduce the risk to critical government information technology infrastructure from cyberattacks, and directs the National Institute of Standards and Technology to develop recommendations for use and management of internet-connected devices by March 31 2020.

PwC’s Enforcement Tracker finds a large increase in fines for privacy breaches in the UK

Jun 03 2019

By Cameron Abbott and Rebecca Gill

PwC’s UK Privacy & Security Enforcement Tracker has found that fines in the UK over data protection law violations totalled £6.5 million in 2018, a £2 million increase from 2017.

The Tracker analysed data protection enforcement actions by the UK Information Commissioner’s Office (ICO), including monetary fines, prosecutions and undertakings. The Tracker shows that the total sum of fines increased from 2017, but the number of ICO enforcements fell to 67 in 2018 from 91 in 2017.

Canada proposes to increase penalties for tech giants in its Digital Charter

May 27 2019

By Cameron Abbott and Rebecca Gill

The Canadian federal government has proposed to introduce a combination of fines for companies that violate privacy laws, in order to rein in the growing power of Silicon Valley tech giants.

Canada’s Innovation Minister recently announced a 10-point Digital Charter that aims to provide more transparency into how companies collect and use personal information and stronger rights for consumers to consent to the use of their data. Key principles of the Charter include giving Canadians control over their data, promoting ethical use of data, ensuring that the online marketplace is competitive to facilitate growth of Canadian businesses, and implementing “meaningful penalties” for violations of privacy laws.

Sharing of ‘abhorrent violent material’ now an offence under new laws

May 09 2019

By Cameron Abbott, Michelle Aggromito and Rebecca Gill

Governments around the world are imposing more responsibilities on tech providers to deal with online harms. In response to the recent attacks in Christchurch, in which a gunman livestreamed on Facebook his attack on a mosque, the Australian Government recently enacted the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019 (Cth) (Act). The Act, which commenced on 6 April 2019, was pushed through swiftly and has a broad reach.

Under the Act, internet, content and hosting service providers must refer details of any ‘abhorrent violent material’ that records or streams ‘abhorrent violent conduct’ to the Australian Federal Police. Abhorrent violent material is material that is audio, visual or audio-visual, and that records or streams ‘abhorrent violent conduct’. Such conduct includes acts of terrorism, murder, attempted murder, torture, rape and kidnapping.

Consumer Data Right Draft Rules – submissions closing soon

May 06 2019

By Cameron Abbott, Rob Pulham and Rebecca Gill

The deadline for submissions on the ACCC’s draft Competition and Consumer (Consumer Data) Rules 2019 (Draft Rules) is fast approaching. The ACCC is seeking feedback from community organisations, businesses and consumers on the approach and positions of the Draft Rules for the Consumer Data Right (CDR) regime until this Friday, 10 May 2019.

Key aspects of the Draft Rules (which are available on the ACCC’s website) include:

the three ways in which CDR data may be requested;
the requirements for consent to collect CDR data;
rules relating to the accreditation process; and
rules relating to the thirteen privacy safeguards for CDR data.

PROPOSAL TO INCREASE PENALTIES FOR PRIVACY BREACHES

Mar 26 2019

By Cameron Abbott and Rebecca Gill

In light of concerns over how personal data is being used by social media platforms and tech companies, the Commonwealth Government has proposed amendments to the Privacy Act in order to more harshly penalise companies for privacy breaches. The new regime, which aims to update Australia’s privacy laws in line with increased social media use, will see tougher penalties for all entities that are subject to the Privacy Act, not just the headline companies like Google and Facebook.

The Commonwealth Government proposes to increase the penalties for serious or repeated breaches by such entities from $2.1 million to $10 million, or three times the value of any benefit obtained through the misuse of information, or 10 per cent of a company’s annual domestic turnover – whichever is the greater value.

IoT (internet of things) legislation makes an appearance in the U.S. Senate

Mar 19 2019

By Cameron Abbott and Ella Richards

For those who are not familiar with the acronym, IoT or ‘Internet of things’ refers to the interconnection of network devices and everyday objects for increased control and ease of use.

The US Government has been steadily increasing the amount of IoT devices used in day-to-day business. In response to mounting concerns surrounding this, a bipartisan group in the Senate revealed a piece of legislation that will govern the use of IoT devices in the government context.

Major political parties join the Federal Parliament in the February data breach

Feb 21 2019

By Cameron Abbott and Ella Richards

Following an unprecedented surge in cyber attacks against Australian businesses, an attack on Australia’s political infrastructure was imminent. New information reveals that the cyber attack against the Federal Parliament earlier this year was accompanied by yet another directed towards the Liberal, Labour and National parties.

To encrypt or not encrypt? That is the question

Feb 18 2019

By Cameron Abbott and Ella Richards

In response to the new controversial anti-encryption laws, Australian tech heavyweights have banded together to kick and scream over the restrictive implications the laws are already having on their industry.

Quick history lesson; the Assistance and Access Bill permit law enforcement to demand companies running applications such as Whatsapp to allow “lawful access to information”. This can be through either decryption of encrypted technology, or providing access to communications which are not yet encrypted. These ‘backdoors’ are intended to provide the good guys with the opportunity to fight serious crime, however there’s serious fear that in reality, these doors could throw out privacy or let in unwanted guests.

While the legislation states that backdoors should only be created if it doesn’t result in any ‘systemic weakness’; this is yet to be defined in a concrete and informative way. Industry points out that once created any such measure has the potential to be exploited by others. There is no such thing as a “once” only back door.

There is little doubt that this will end up in litigation as larger industry players challenge the abstract concepts in the legislation against the reality of their technology.

StartupAUS, an industry group of tech executives, have made several recommendations to amend the legislation. Even though they’re not holding their breath for any significant changes, they’re demanding more transparency around the requirements. Their recommendations include scrapping the requirement for an employee to build capabilities to intercept communications, tightening the scope of ‘designated communication providers’, giving oversight on how companies will be targeted and increasing what constitutes a ‘serious offence’.

Australia’s legislative response to the problem faced by law enforcement is one of the most heavy handed in the democratic world, and now has the world of technology companies with their significant impact on our economy watching the latest debate on reforms with great concern.

Catagory:Government Regulation, Legislation & Enforcement