Catagory:Government Regulation, Legislation & Enforcement

1
New Cyber Security Evaluation Tool released by US Homeland Security for organisations to self-test their security systems
2
New US / Aus cross-border data access regime
3
Is ABC’s mandatory login into ABC iview legal?
4
Essential Eight cyber security controls to be mandated for almost all federal departments and agencies
5
Victorian Government QR Code Service now compulsory for all workplaces and businesses
6
The AFP and FBI developed ANoM app secretly distributed among criminals used to make over 800 criminal arrests worldwide
7
Australia’s international cyber strategy pivots towards critical technology in neighboring countries
8
No News is Bad News! Big digital platforms flex their influence to no avail.
9
Less than two weeks to go: New Zealand Privacy Act commences 1 December 2020
10
Australian Privacy Act Under Review

New Cyber Security Evaluation Tool released by US Homeland Security for organisations to self-test their security systems

By Cameron AbbottWarwick Andersen and Jacqueline Patishman

The United States Department of Homeland Security has developed the Cyber Security Evaluation Tool (CSET) which provides a systematic (and repeatable) process that critical infrastructure asset owners can use to assess and improve their cyber security management systems. This tool has a particular focus on the security of industrial control systems and information networks.

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New US / Aus cross-border data access regime

By Cameron AbbottWarwick Andersen and Jacqueline Patishman

The Telecommunications Legislations Amendment (International Orders) Bill 2020 has just cleared both houses of parliament. The new bill establishes a reciprocal cross-border data access regime between the United States and Australia which will allow for cross-border communications between foreign governments for national security and law enforcement purposes.

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Is ABC’s mandatory login into ABC iview legal?

By Cameron AbbottWarwick Andersen and Jacqueline Patishman

From July 1 all users of ABC’s on demand platform iview will be required to log in (and to have an account) to use the platform. It’s been reported that the former federal Privacy Commissioner, Malcolm Crompton, has been pushing to reverse the ABC’s decision, arguing that because the ABC is publically funded, Australians shouldn’t have to pay for content (which we have already paid for) with our data. 

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Essential Eight cyber security controls to be mandated for almost all federal departments and agencies

By Cameron AbbottWarwick Andersen, Rob Pulham and Jacqueline Patishman

It’s been reported that the Federal Government is planning on making implementation of the Essential Eight cyber security controls for all Commonwealth entities (excluding corporate Commonwealth entities). The Essential Eight is a baseline set of security strategies designed to minimise the risk of security incidents.  At this stage, no guidance has been provided as to the timeline for when this might happen; however, a decision as to the preferred approach is planned to be made by the end of the year.

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Victorian Government QR Code Service now compulsory for all workplaces and businesses

By Cameron AbbottRob Pulham and Jacqueline Patishman

All Victorian workplaces businesses and venue operators must now use the free Victorian Government QR Code Service (or use a third-party system that links back to the government’s interface) to meet their contact tracing obligations.

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The AFP and FBI developed ANoM app secretly distributed among criminals used to make over 800 criminal arrests worldwide

By Cameron AbbottWarwick Andersen and Jacqueline Patishman

[Editor: It has been a busy week for all Cyberwatchers, and our blog has been running hot.  This however is our favourite.]

For at least the last three years the Australian Federal Police and the United Stated Federal Bureau of Investigation have been working together to run ‘Operation Ironside’ using an app called ANoM. The app has allowed law enforcement to easily monitor criminal communications and to make over 800 criminal arrests so far.

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Australia’s international cyber strategy pivots towards critical technology in neighboring countries

By Cameron Abbott, Michelle Aggromito, Jacqueline Patishman and Emily Gamaroff

In a bid to maintain stability in the Indo-Pacific region, Australia has pledged $37.5 million to bolster the security and development of critical technology in neighboring countries as part of its updated International Cyber Engagement Strategy. The funding aims to promote the resilience of critical technologies in Southeast Asia and to support Australia’s Pacific neighbours by improving online safety, counter misinformation and to fight cybercrime.

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No News is Bad News! Big digital platforms flex their influence to no avail.

By Cameron Abbott, Michelle Aggromito and Jacqueline Patishman

After severe criticism from the Australian government and others, Facebook has reversed its initial response to the controversial news media code of banning all Australian news on its platform, now stating that news and key pages concerning public health and government will be restored (although it has not provided a deadline for when this will occur).

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Less than two weeks to go: New Zealand Privacy Act commences 1 December 2020

By Cameron Abbott and Keely O’Dowd

On 1 December 2020, the New Zealand Privacy Act 2020 will come into operation and repeal and replace the Privacy Act 1993.

The Privacy Act 2020 modernises New Zealand’s privacy laws and seeks to keep pace with international standards and technology. While New Zealand’s new privacy legislation is not as onerous as other international privacy laws, such as the GDPR, it still introduces significant changes including:

  • mandatory data breach notification;
  • new investigative and regulatory powers for the New Zealand Privacy Commissioner; and
  • new criminal offences and penalties, including fines of up to $10,000.
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Australian Privacy Act Under Review

By Cameron Abbott, Rob Pulham and Keely O’Dowd

In December 2019, the Australian Government announced it would conduct a review of the Privacy Act 1988 (Cth).

A year has almost passed and finally the Australian Government has publicly released details about the review. On 30 October 2020, the Australian Government released the Terms of Reference of the review. In particular, the review will cover:

  • The scope and application of the Privacy Act
  • Whether the Privacy Act effectively protects personal information and provides a practical and proportionate framework for promoting good privacy practices
  • Whether individuals should have direct rights of action to enforce privacy obligations under the Privacy Act
  • Whether a statutory tort for serious invasions of privacy should be introduced into Australian law
  • The impact of the notifiable data breach scheme and its effectiveness in meeting its objectives
  • The effectiveness of enforcement powers and mechanisms under the Privacy Act and how they interact with other Commonwealth regulatory frameworks
  • The desirability and feasibility of an independent certification scheme to monitor and demonstrate compliance with Australian privacy laws.
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