By Cameron Abbott, Keely O’Dowd, Giles Whittaker and Harry Crawford
As promised in a previous blog post, K&L Gates have performed an in-depth analysis of the risks of relying on de-identification of data to protect privacy, in the wake of researchers successfully re-identifying de-identified medical data that was released by the Australian Department of Health in 2016.
Read the article on the K&L Gates HUB here.
The notifiable data breach scheme, as outlined in the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), commenced yesterday, 22 February. Under this new scheme, in the event an organisation experiences a data breach that is likely to result in serious harm to any individual, that organisation will be required to notify the Australian Information Commissioner and any affected individual(s) of the breach. This 60 second video will help you prepare your organisation for these changes.
By Cameron Abbott and Harry Crawford
A significant case for digital privacy is currently before the US Supreme Court, with the US Justice Department fighting it out against Microsoft in a bid to gain access to emails held on Microsoft’s servers in Dublin. The US Justice Department is seeking to use a search warrant to access the emails in Ireland in a drug trafficking case. If a precedent is set which allows the US government to access data stored on foreign soil, that could have a significant impact on privacy rights on a global scale.
By Cameron Abbott, Keely O’Dowd and Olivia Coburn
The Federal Parliament’s Joint Committee of Public Accounts and Audit, tasked with inquiring into the cyber resilience of certain Commonwealth entities has recommended that all such entities adopt a cyber security mitigation strategy called the Essential Eight. The Committee made this recommendation in its Report 467: Cybersecurity Compliance Inquiry based on Auditor-General’s report 42 (2016-17) (Report). Tarantino’s Hateful Eight is perhaps a little more convoluted than these simple touchstones of good practice. The Essential Eight are good reading for all enterprises, not just government agencies.
By Cameron Abbott and Olivia Coburn
A hacker has breached the computer system of an unnamed defence contractor and stolen 30 gigabytes of data, including information on Australia’s $17 billion Joint Strike Fighter program.
The data breach, which the Australian Government publicly disclosed last week, also includes information about Australia’s $4 billion P-8 surveillance plane project, Collins Class submarines and the warships HMAS Canberra and HMAS Adelaide. The Government has emphasised that the stolen data is commercially sensitive but not classified.
The announcement coincides with the release of the Australian Cyber Security Centre’s 2017 Threat Report, available here, which reveals that the hack is among 734 cyber incidents affecting private sector systems of national interest and critical infrastructure providers.
By Cameron Abbott and Olivia Coburn
The United States Securities and Exchange Commission (SEC) is facing scrutiny on its handling of a data breach that occurred in 2016 – but was only publicly disclosed on 20 September 2017.
Hackers accessed information on corporate filings intended for investors, which would be used for insider trading.
By Cameron Abbott and Olivia Coburn
Charities are increasingly employing commercial approaches to funding, lobbying and fundraising to fuel their invaluable work. In doing so, charities need to be cautious of mishandling the donor’s personal information that they collect together with the donation.
Donors are frequently being asked to provide information such as home address, email address and their mobile phone number. In some instances charities will not accept money unless this personal information is also provided.
By Cameron Abbott and Olivia Coburn
Elon Musk has repurchased X.com, a website he created 18 years ago in 1999, although his intentions for the purpose of the domain remain unclear.
X.com was one of the world’s first online banks, insured by FDIC and partnered with Barclays. X.com was initially intended to be full service online financial institution, but could not overcome regulatory challenges. At that time, financial regulatory systems were not equipped to deal with the products that X.com was offering, which included online savings accounts, brokerage services and insurance products.
By Cameron Abbott and Edwin Tan
Companies are failing to prepare adequately for the new EU General Data Protection Regulation (GDPR) coming into effect on 25 May 2018, less than a year from today.
A partner at Crowe Horwarth was quoted in the Financial Times as saying that a recent survey found that over 60% of financial services companies were only just starting to get ready for GDPR, or were still trying to understand the gaps they needed to address. This is a particular concern as long timeframes may be needed to remedy any identified gaps, particularly where legacy IT systems are used. In addition, other companies are viewing the GDPR as a “nuisance”, treating it as a check-box ticking exercise rather than a serious compliance issue.
The GDPR will require companies to adopt much stricter procedures and processes when handling customer data. The maximum fine for non-compliance is 4 percent of the previous year’s annual global turnover, or €20 million, whichever is the greater. In addition, company executives can also face criminal penalties if deemed responsible for data breaches.
Companies must start work immediately on implementing changes required by the GDPR in order to avoid exposure to significant liability. Read more about the GDPR here.
By Cameron Abbott and Allison Wallace
A freshly inked Memorandum of Understanding between Australia and Singapore will see the two countries strengthen their cybersecurity through a joint effort to build a secure and resilient cyber space.
The two-year partnership which was signed last week, will see Singapore’s Cyber Security Agency work with the Australian government to conduct regular information exchanges on cyber threats, share best practices to promote innovation in cyber security, and build cyber security capabilities. Read More
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