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Australia Data Protection

DLA Piper

Australia: Long Awaited Australian Privacy Reform Comes to Fruition

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The Australian Government has today published a draft Bill outlining the next steps in Australia’s Privacy Act Review process.  The changes to be implemented by the Privacy and Other Legislation Amendment Bill 2024 include...more

A&O Shearman

"Much ado about nothing": The small yet significant steps in Australian Privacy Reform

A&O Shearman on

After nearly five years of review, the first tranche of amendments to Australia’s Privacy Act has landed (Privacy and Other Legislation Amendment Bill 2024 (Cth) (Bill)). The Bill introduces 23 of the 25 legislative proposals...more

Jones Day

Data Breach Update to Australian Securities Exchange Guidance on Continuous Disclosure Listing Rules

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The Situation: The Australian Securities Exchange ("ASX") has published new data breach examples in an update to its continuous disclosure Guidance Note, effective from 27 May 2024 ("Data Breach Examples")....more

A&O Shearman

Automated decision making is under scrutiny in the EU and how is it addressed in other jurisdictions

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Alongside the recent CJEU judgment on automated decision making in Schufa (see the Allen & Overy blog ) there are a range of developments related to ADM in other jurisdictions. UK developments - The UK Parliament is...more

K&L Gates LLP

A Statutory Tort for Serious Invasions of Privacy?

K&L Gates LLP on

Introduction - To many people’s surprise, it remains the case in Australia that individuals do not have a specific right to obtain compensatory damages for serious invasions of privacy, such as the sharing of intimate images...more

BakerHostetler

DSIR Deeper Dive: Absent Legislation, Privacy Regulators Offer Guidance on AI

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By now, many of us are using AI, advising others about how to use AI, and waiting for some legislative miracle to give us some guardrails for what we can or cannot be doing with AI. A lot of effort has been put into tracking...more

White & Case LLP

AI Legal News Summer Roundup: Edition 3

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Welcome to the third edition of our AI Legal News Summer Roundup! After five class actions were filed between June 28 and July 11 (as reported on in our first edition of this series), on July 21, another class action lawsuit...more

Hogan Lovells

Re-defining the basics of Australian privacy law

Hogan Lovells on

In support of Privacy Awareness Week and this year’s theme of ‘back to basics’, we provide you with an in-depth analysis of the key proposals that arise from the Attorney General’s Final Privacy Act Review Report (Report)...more

K&L Gates LLP

Privacy Reform is Here: It's Time to get Your House in Order!

K&L Gates LLP on

What you need to know - Following a number of high-profile cyber incidents last year, the Australian Government (the Government) is proving that privacy is a serious issue that corporations need to face. Recently, we saw the...more

Jones Day

Australian Government Serious About Data Privacy: Substantial Increases in Fines and Enhanced Regulatory Powers

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In Short - The Situation: Following a number of high-profile cyber incidents resulting in significant data breaches, the Australian Government has doubled down on its efforts to strengthen privacy laws and cybersecurity...more

Patterson Belknap Webb & Tyler LLP

Compounding Consequences for Australian Health Insurer Following Breach

Medibank, one of Australia’s largest private health insurers, detected a ransomware attack in October 2022.  The attackers, believed to be part of a criminal organization based in Russia, exfiltrated approximately 9.7 million...more

Hogan Lovells

First patch to the privacy laws in Australia: increased penalties for global companies

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Increased penalties and wider application of the scope of the Privacy Act 1988 (Cth) (Privacy Act) come into effect shortly, with the Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 (Bill) now...more

A&O Shearman

Australian Government to increase penalties for privacy violations and expand enforcement powers of the OAIC

A&O Shearman on

The Australian House of Representatives voted in support of new legislation that aims to increase penalties for privacy breaches (on 9 November 2022)....more

Orrick, Herrington & Sutcliffe LLP

The Austrian Data Protection Authority Ground-breaking Google Analytics Decision: Analysis and Key Takeaways

The Austrian data protection authority (Österreichische Datenschutzbehörde; Austrian DPA) recently ruled that the use of Google Analytics violated Chapter V (transfers of personal data to third parties) of the EU General Data...more

Hogan Lovells

New proposed privacy rules for global companies conducting business in Australia

Hogan Lovells on

The Australian Government has released draft legislation aimed at ensuring Australia’s privacy law remains well equipped to tackle the next digital era. The exposure draft of the Privacy Legislation Amendment (Enhancing...more

Royer Cooper Cohen Braunfeld LLC

As States and Nations Continue to Enact Comprehensive Data Privacy Legislation, Pressure Mounts on the U.S. to Pass a Competing...

Global data privacy legislation has steadily advanced over the past several years, with one of the most comprehensive and well-known laws being the General Data Protection Regulation (GDPR), governing personal data...more

Hogan Lovells

Reforms to software-based medical devices take effect this week

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The new classification rules for software-based medical devices (“SaMDs”) and personalised medical devices introduced by the Therapeutic Goods Legislation Amendment (2019 Measures No.1) Regulations 2019 commences this week,...more

Jones Day

Accountability for Cybersecurity in Australia—A Major Regulatory and Litigation Risk

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There are showers, there are squalls, and there are storms. The growth in cybersecurity attacks in Australia, as in much of the world, is a storm and Australian companies need to batten down the hatches. In the period from 1...more

TransPerfect Legal

Talks with TLS: Thoughts from an International Cybersecurity Expert

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TLS’s very own Tom Balmer from our Sydney office jumped on a Zoom call with Ed Osbourne from Sparke Helmore. They discussed global privacy, technology and moustaches over virtual coffee. Ed started his career in Sydney before...more

K&L Gates LLP

From Revenge Porn to Big Data Breaches: NSW Opposition Introduces Bill to Redress "Serious Invasions of Privacy"

K&L Gates LLP on

There is a common misconception that Australian residents enjoy a general "right to privacy". Many people understandably believe that if they are, for example, eating lunch at a restaurant minding their own business, it would...more

Jones Day

Data Breach Class Actions in Australia

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Australia has started to observe a rise in the number of data breach class actions being investigated and filed, although there has not yet been a successful data breach class action there. A range of factors are at play...more

Jones Day

Key Lessons From Australia's Notifiable Data Breach Scheme

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The Situation: The Notifiable Data Breach scheme, introduced by amendments to the Privacy Act 1988 (Cth), requires an assessment when an entity suspects that there may have been loss of, unauthorised access to, or...more

Fox Rothschild LLP

Austrian Data Protection Authority Weighs In On Erasure By Anonimization

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Forget me yes, part two. Austrian Data Protection Authority holds that a data controller can meet its obligations to satisfy a data subject’s erasure request under GDPR by anonymizing personal data....more

Akin Gump Strauss Hauer & Feld LLP

Non-profit Activists’ Strategic Pursuit of Alleged GDPR Violations Spurs Compliance Developments

• Non-profit organizations are testing companies’ GDPR compliance through targeted requests for information and other means and are filing complaints against allegedly non-compliant companies. • Main areas for non-profit...more

Epiq

Australia Takes Steps to Tighten Data Security Laws

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Australia has recently taken significant action in the realm of data security that will potentially have global impact. In December 2018, the Australian Competition and Consumer Commission (“ACCC”) released recommendations on...more

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