Cyber Law Watch

Insight on how cyber risk is being mitigated and managed across the globe.

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Technology mightier than the Sword: US Military’s Secret Cyber Strike stifles Iranian Forces
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AI (Adverse Inferences): AI Lending Models may show unconscious bias, according to Report.
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Old-school thieving causes latest university data breach
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HealthEngine under fire for profiting from disclosure of patient information
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Interlopers in Things? IoT devices may be used as backdoors to your network
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Uniformity of Law: NSW Government opens consultation to consider making Data Breach Reporting mandatory in respect of State Government Agencies
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Sorry Sir, Our Data Breach Response Plan is Out of Stock
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Trending: Security as a service
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You can be anonymised, but you can’t hide
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A Different Immune System: TGA provides Insight into Cyber Security for Medical Devices

Technology mightier than the Sword: US Military’s Secret Cyber Strike stifles Iranian Forces

By Cameron Abbott and Max Evans

Everyone knows the saying “the Pen is mightier than the sword”. The famous saying has been used for centuries to describe the ultimate power of words and communication over forms of violence. However, the rapid implementation and use of technology as a “combat” method doubts whether this saying is correct in a modern technological era, and begs the question as to whether technology is in fact mightier than the sword!

This dilemma is highlighted through the recent cyberstrike conducted by the United States. According to a Report by the Washington Post, in June of this year the Cyber Command of the US Military utilised a technology cyberstrike to target a significant Iranian database in the Persian Gulf. The relevant database was alleged to have been used by the IRGC, Iran’s elite paramilitary force, to damage oil takers and shipping traffic in the Persian Gulf. According to the Pentagon, the operation was in the works for weeks after Iran’s alleged attacks on two US tankers in the Gulf of Oman earlier in June, and following an attack by Iranian forces on an unmanned U.S. Surveillance drone hours earlier, the cyber-strike was immediately given the go-ahead.

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AI (Adverse Inferences): AI Lending Models may show unconscious bias, according to Report.

By Cameron Abbott and Max Evans

We live in an era where the adoption and use of Artificial Intelligence (AI) is at the forefront of business advancement and social progression. Facial recognition technology software is used or is being piloted to be used across a variety of government sectors, whilst voice recognition assistants are becoming the norm both in personal and business contexts. However, as we have blogged previously on, the AI ‘bandwagon’ inherently comes with legitimate concerns.

This is no different in the banking world. The use of AI-based phishing detection applications has strengthened cybersecurity safeguards for financial institutions, whilst the use of “Robo-Advisers” and voice and language processors has facilitated efficiency by increasing the pace of transactions and reducing service times. However, this appears to sound too good to be true, as according to a Report by CIO Drive, algorithmic lending models may show an unconscious bias.

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Old-school thieving causes latest university data breach

By Cameron Abbott and Alyssia Totham

Thirty years’ worth of student data from the University of Western Australia (UWA) has been stolen. Archaic and unconventional in the world of cyber security and data protection, this data breach resulted from the theft of laptops from the University. The number of laptops stolen and the number of students affected remains undisclosed by the University.

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HealthEngine under fire for profiting from disclosure of patient information

By Cameron Abbott, Michelle Aggromito and Alyssia Totham

The Australian Competition and Consumer Commission (ACCC) is taking on Australia’s largest online health marketplace, HealthEngine. In return for a fee, HealthEngine provided without adequate disclosure, patient information to nine private health insurance brokers. 

The MedTech platform functions as an online booking service for many health care providers Australia-wide. During the booking process, HealthEngine would ask users two additional questions. Firstly, they would ask if the user had private health insurance. Secondly, they would ask if the user would like to be contacted with health insurance comparison information. By clicking ‘Yes’ to the second question, users had their personal information transferred to health insurance brokers. This information comprised the user’s name, contact details, date of birth and private health care status.

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Interlopers in Things? IoT devices may be used as backdoors to your network

By Cameron Abbott and Karla Hodgson

This month Microsoft reported that its Threat Intelligence Center discovered that IoT (internet of things) devices – a VOIP phone, a printer and a video decoder – were used to gain access to corporate networks in April.

Microsoft have identified Strontium – also known as Fancy Bear or APT28 – as the culprit, a hacker group associated with the Russian government who appear to be targeting government, IT, military and defence, engineering, medical and education sectors. Strontium has been linked to the hacking of Hillary Clinton’s presidential election campaign and of the email accounts of researchers investigating the missile strike on MH17 and the Skripal poisonings. In the last 12 months alone Microsoft has delivered almost 1,400 notifications to those targeted or compromised by Strontium.

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Uniformity of Law: NSW Government opens consultation to consider making Data Breach Reporting mandatory in respect of State Government Agencies

By Cameron Abbott, Warwick Anderson and Max Evans

We have blogged numerous times on the notifiable data breach scheme provided for in Part IIIC of Privacy Act 1988 (Cth) including more recently in relation to its success in assisting the preparedness of the health sector to report and respond to data breaches.

Whilst the NSW Information Privacy Commissioner recommends that public sector agencies notify it and affected individuals where a data breach creates a risk of serious harm, neither NSW privacy laws nor the notifiable data breach scheme require public sector agencies in NSW to provide such notification. There are many reasons for state government agencies to mandatorily report data breaches. Informing citizens when privacy breaches occur provides an opportunity for individual protection against potentially adverse consequences, whilst mandatory data breach reporting would address the current under-reporting of data breaches in NSW, which according to the consultation may be the norm.

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Sorry Sir, Our Data Breach Response Plan is Out of Stock

By Cameron Abbott, Michelle Aggromito and Max Evans

We are living in an era of online shopping, where consumers are more willing to hand over personal information for goods and services, and are less suspicious of whom they are divulging their personal information to. As a result, online businesses are in possession of a vast amount of their customers’ personal information. The recent hack of Sneaker Platform Stock-X reminds us yet again of the importance of businesses maintaining comprehensive and up to date security processes, and in particular, the necessity of having an adequate data breach response plan in place.

Stock-X, a platform for the re-sale of sneakers and apparel, was recently hacked, exposing over six million users’ personal data, including their real name, username, password, shoe size and trading currency. According to a Report by TechCrunch, Stock-X’s initial response was to reset customer passwords, stating that it was due to system updates. A spokesperson for Stock-X later disclosed to TechCruch that Stock-X was alerted to “suspicious activity”. TechCrunch reports; however, an unnamed data breach seller had contacted it claiming more than 6.8 million records were stolen from Stock-X in May, and that the records had been put up for sale and sold on the dark web for $300.

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Trending: Security as a service

By Cameron Abbott and Karla Hodgson

Remember the time when you first heard about cloud computing and it took you a few moments of quiet contemplation before you wrapped your head around the concept of computing being situated “up there”?  Of course today we aren’t surprised to learn that over 80% of enterprise workloads will be in the cloud by next year and that a new wave of cloud-based security as a service (SECaaS) solutions are rolling in to address the forecasted USD $5.2 trillion per year in cybercrime damage that is expected to impact within the next 5 years.

Based on the software as a service (SaaS) model, SECaaS is a cloud-based managed security service that removes the need for businesses to buy and continually upgrade on-premises hardware and software and keep staff upskilled in the ever-shifting world of cybersecurity risk and protection.

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You can be anonymised, but you can’t hide

By Cameron Abbott, Michelle Aggromito and Karla Hodgson

If you think there is safety in numbers when it comes to the privacy of your personal information, think again. A recent study in Nature Communications found that, given a large enough dataset, anonymised personal information is only an algorithm away from being re-identified.

Anonymised data refers to data that has been stripped of any identifiable information, such as a name or email address. Under many privacy laws, anonymising data allows organisations and public bodies to use and share information without infringing an individual’s privacy, or having to obtain necessary authorisations or consents to do so.

But what happens when that anonymised data is combined with other data sets?

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A Different Immune System: TGA provides Insight into Cyber Security for Medical Devices

By Cameron Abbott, Michelle Aggromito and Max Evans

The Australian Therapeutic Goods Administration (TGA) has published its guidance framework dealing with medical device cyber security for manufacturers and sponsors of medical devices, as well as for consumers, health professionals and other users. This is driven by a number of challenges that regulators face to protect users against cyber security risks, including the alteration of device function, loss to privacy and the alteration of personal health data.

The crux of the framework is based on the TGA view that knowledge is power, in that patients using connected medical devices should be informed about the potential cyber security risks those devices have, and take proactive measures to protect their devices and networks.

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