Enforceable undertaking – Cyber Law Watch

Woolworths hit with largest SPAM infringement to date

Jul 07 2020

Woolworths recently paid a $1 million infringement notice and agreed to a court-enforceable undertaking with the Australian Communications and Media Authority (ACMA) in response to breaches of Australian Spam laws.

ACMA announced Woolworths had breached the Spam Act 2003 (Cth) (SPAM Act) more than five million times when it sent marketing emails to consumers after they had previously unsubscribed to Woolworths’ messages. ACMA’s investigation into Woolworths’ compliance with the SPAM Act revealed Woolworths’ systems, processes and practices were inadequate to comply with the Spam laws.

The OAIC engages in more in-depth investigations and stronger exercise of its power

Jun 28 2019

By Cameron Abbott, Rob Pulham and Jacqueline Patishman

Following two key data incidents concerning how the Commonwealth Bank of Australia (CBA) handled data, the OAIC has successfully taken court action binding the banking heavyweight to “substantially improve its privacy practices”.

As a quick summary of the incidents, the first incident involved the loss of magnetic storage tapes (which are used to print account statements). These contained historical customer data including customer statements of up to 20 million bank customers. In 2016, the CBA was unable to confirm that the two magnetic tapes were securely disposed of after the scheduled destruction by a supplier.

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