By Cameron Abbott, Rob Pulham, Stephanie Mayhew and Lauren Hrysomallis
ASIC has further focused its attention on the duties of companies and directors with regards to cyber resilience with the signing of a Memorandum of Understanding (MoU) with the Office of the Australian Information Commissioner (OAIC).
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By Cameron Abbott, Keely O’Dowd and Max Evans
The Office of the Australian Information Commissioner (OAIC) has released its report on notifications received under the Notifiable Data Breaches scheme for period January to June 2020.
The OAIC reported 518 breaches were notified to it in the relevant period. The OAIC noted a 3% decrease from the 532 breaches notified in the period July 2019 to December 2019. However, there was a 16% increase on the 447 notifications received during January to June 2019.
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By Cameron Abbott, Warwick Andersen, Rob Pulham and Keely O’Dowd
On 9 July 2020, the Office of the Australian Information Commissioner (OAIC) and the UK Information Commissioner’s Office (ICO) announced they have opened a joint investigation into the personal information handling practices of Clearview AI Inc.
The OAIC has stated the investigation will focus on ClearView AI’s use of “scraped” data and biometrics of individuals.
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By Cameron Abbott, Rob Pulham, Michelle Aggromito and Rebecca Gill
Nothing can stop us from talking about privacy, including a pandemic! Yesterday, the Office of the Australian Information Commissioner (OAIC) issued guidance on the collection, use and disclosure of personal information during the COVID-19 pandemic (Guidance).
It mainly serves as a reminder to organisations that even in these pressing times, they must comply with the Australian privacy regime. However, it also highlights what organisations can collect and do with personal information for the purposes of preventing and managing the spread of COVID-19.
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By Cameron Abbott, Rob Pulham and Rebecca Gill
In a first for Australia, the Australian Information Commissioner (Commissioner) has launched proceedings in the Federal Court of Australia, seeking penalties against Facebook for serious and/or repeated interferences with privacy. The contraventions relate to the conduct disclosed by the Cambridge Analytica scandal, which involved the This is Your Digital Life app (App). We’ve previously blogged about the App here.
It is unclear how the penalties will be calculated in this proceeding. The penalty rate applicable to the relevant period (being from March 2014 to May 2015) is a maximum of $1.7 million. Some have suggested that fines may be in the billions if the maximum rate is applied to each individual affected as a single “contravention” (with possibly over 300,000 contraventions in total!). This may be fun to calculate, but highly unlikely to be applied in reality.
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