Cyber Law Watch

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

1
Report says Digital Rights are Human Rights
2
US Court signals that proving data breach class actions will be difficult
3
UK Information Commissioner Orders Cambridge Analytica to Hand Over American’s Personal Data
4
Internet of Things security flaw – key card locks vulnerable
5
Facebook to release “clear history” tool
6
Drive to Expand Australian Cyber Spy Powers
7
Cambridge Analytica closes its doors
8
Excel skills of English Council leads to the exposure of “hidden” personal information
9
DNA Profiles shared online lead to serial killer’s arrest
10
Russian-backed hacking targets Australian businesses

US Court signals that proving data breach class actions will be difficult

By Andrew C. Glass, David D. Christensen, Cameron Abbott and Matthew N. Lowe

In the US, several attempts at class actions for those affected by a data breach have failed challenges in early procedural stages.  In Dieffenbach v. Barnes & Noble, Inc., 887 F.3d 826 (7th Cir. Apr. 11, 2018), the Seventh Circuit allowed a data breach class action to survive the pleadings stage.  At the same time, the Court indicated that the plaintiffs may have a tough time proving their claims on the merits or establishing that class certification is warranted.  At the end of the day, the Dieffenbach decision may prove to be less of a boon and more of a bust for plaintiffs in data breach class actions.  Although it may provide a means to get into court, the decision makes clear that obtaining a favorable outcome may be a “difficult task.”  For a full summary of the Dieffenbach decision please see our client alert here.

UK Information Commissioner Orders Cambridge Analytica to Hand Over American’s Personal Data

Cameron Abbott and Georgia Mills

The UK Information Commissioner has ordered UK-based firm Cambridge Analytica to hand over all the personal information it holds about an American academic, confirming the right of people to access the personal data held about them by a UK firm.  The academic initially approached Cambridge Analytica for it to explain what information it had gathered on him, and later complained to the Commissioner that the consulting firm had failed to share the entirety of its data on him nor explained how it accumulated the information it held.

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Internet of Things security flaw – key card locks vulnerable

Cameron Abbott, Warwick Andersen, Rob Pulham and Georgia Mills

It is a technology so innocuous that it hardly gets a second thought: electronic hotel key cards have been replacing the humble lock and key for over two decades. A recent study by Finnish security researchers has revealed a vulnerability in the technology. The discovery came as a result of the researchers’ obsession over many years to solve a mystery of how a laptop was stolen from a hotel room without leaving a trace. (Small consolation that it cannot have been easy to do given how long it took!)

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Facebook to release “clear history” tool

By Cameron Abbott and Keely O’Dowd

Facebook collects data on every “like” button you click on a website and the websites you visit that use Facebook pixel code.

At the F8 Conference, Mark Zuckerberg announced Facebook will release a new tool that will enable Facebook users to see and delete identifying information that Facebook has collected about them from other websites and apps. This new “clear history” tool will also allow users to turn off having this information stored with their Facebook account.

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Drive to Expand Australian Cyber Spy Powers

By Warwick AndersenRob Pulham and Georgia Mills

Australia’s military cyber spy agency, the Australian Signals Directorate (ASD), could soon be receiving radical new espionage powers to monitor Australian citizens for the first time. If approved, the ASD may be able to secretly access the digital information of Australians including emails, health data, bank records, and text messages.

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Cambridge Analytica closes its doors

By Cameron Abbott and Sarah Goegan

Cambridge Analytica, the data company embroiled in the Facebook privacy scandal, is closing down. The firm’s parent company, SCL Elections, announced that it and some of its affiliates including Cambridge Analytica had commenced insolvency proceedings in the UK, and would immediately cease all operations.

In a statement, Cambridge Analytica said it had been “vilified” and the subject of “numerous unfounded accusations” about its activities, which it says are legal and widely accepted in online advertising. It blamed negative media coverage of allegations the company improperly used the data of 87 million Facebook users (which you can read about here, here and here) for a mass exodus of clients.

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Excel skills of English Council leads to the exposure of “hidden” personal information

By Cameron Abbott and Keely O’Dowd

The Kensington and Chelsea London Borough Council (Council) was recently fined £120,000 (approximately AUD$217,920) by the UK Information Commissioner’s Office (ICO) for the unauthorised processing of personal data belonging to 943 people who owned vacant properties in the Borough.

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DNA Profiles shared online lead to serial killer’s arrest

By Warwick Andersen, Rob Pulham and Sarah Goegan

Last week, California police arrested Joseph James DeAngelo, the man suspected of being the “Golden State Killer” or “East Area Rapist”, a serial killer and rapist who terrorised parts of California in the 1970s and 80s.

Of particular interest is how he came to be arrested, with the help of DNA matched on a genealogy website.

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Russian-backed hacking targets Australian businesses

By Cameron Abbott, Allison Wallace and Sarah Goegan

Russian hackers are accused of penetrating up to 400 Australian businesses in 2017 as part of an alleged state-sponsored cyber-espionage campaign, targeting millions of computers across the world.

The Australian government made the announcement in light of an extraordinary joint statement from the US and UK governments pointing a stern finger at Russia for sponsoring cyber-attacks on government, private organisations, critical infrastructure providers and internet services providers.

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