By Cameron Abbott, Claude Etienne-Armingaud, Rob Pulham, Michelle Aggromito and Keely O’Dowd
On the morning of 16 July 2020, in a significant decision of the Court of Justice of the European Union (CJEU), the Privacy Shield was held to be invalid.
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By Cameron Abbott, Rob Pulham and Warwick Andersen
Temporary amendments to the Australian Corporations Act 2001 (Cth) (Corporations Act) took effect on 6 May 2020, making it easier to facilitate company meetings using remote technology, and providing some certainty as to companies’ execution of documents electronically under section 127(1) of the Corporations Act.
The Corporations (Coronavirus Economic Response) Determination (No. 1) 2020 (Determination) allows company meetings such as AGMs to be held using technology rather than face-to-face meetings, and enables a quorum, votes, notices and the asking of questions to be facilitated electronically. For a more in-depth look at these changes, see “Operating a Business During COVID-19: The Implications for Public Companies” by our colleagues Harry Kingsley, Kaveh Zegrati, and Alex Garfinkel.
Read MoreBy Cameron Abbott, Warwick Andersen, Rob Pulham, Michelle Aggromito and Allison Wallace
A number of legal professionals, with significant experience in the field of privacy law, have signed an open letter to encourage individuals to download the Commonwealth Government’s COVIDSafe App.
Among the privacy lawyers are members of K&L Gates own Australian privacy team (and the authors of this blog post) Cameron Abbott, Rob Pulham, Warwick Andersen, Michelle Aggromito and Allison Wallace.
The open letter is signed by members in their personal capacity, and signals that people who care about privacy a lot can still think that supporting the health and economic objectives of the App is more important at this time.
As at the date of this post, more than 5 million people have downloaded the App, with more needed to reach the Commonwealth Government’s target of 40% of the Australian population.
By Cameron Abbott, Warwick Andersen, Rob Pulham and Michelle Aggromito
In Part I of this blog, we briefly touched on some of the safeguards that the Commonwealth Government has indicated that they will implement to address privacy concerns. Those proposed new safeguards are intended to satisfy many of the privacy concerns. However, there are additional safeguards that have been implemented in connection with the functionality of the App, which we focus on in Part II here.
Read MoreBy Cameron Abbott, Warwick Andersen, Rob Pulham and Michelle Aggromito
The Commonwealth Government released its COVIDSafe App for download at 6.00pm AEST on Sunday 26 April, and it surpassed 1.13 million downloads within the first 12 hours. This was far greater than expectations, with Health Minister Greg Hunt commenting that, at best, the hope was that “we might get to 1 million in five days.”
Read MoreBy Cameron Abbott, Rob Pulham, Michelle Aggromito and Rebecca Gill
The Federal Government’s coronavirus tracing app has raised some privacy concerns amongst the Australian public. Even some of our government Ministers have ruled out downloading the app due to such concerns! However, the independent cyber security body tasked with reviewing the app has said that it has found no major concerns with it.
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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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Cameron Abbott, Warwick Andersen and Max Evans
Following on from the consultation opened by the NSW Government in July 2019 (the subject of a previous blog), NSW Attorney-General Mark Speakman has committed to introducing a mandatory data breach scheme, according to an article by ITNews.
At present, neither NSW privacy laws nor the notifiable data breach scheme under Part IIIC of the Privacy Act 1988 (Cth) require public sector agencies in NSW to notify the NSW Privacy Commissioner and affected individuals where a data breach creates a risk of serious harm. This led to a consultation conducted by the Department of Communities and Justice in late 2019, which revealed “overwhelming public support” for the introduction of a mandatory data breach scheme in NSW, with the NSW Government “sharing a view” that the relevant scheme should be introduced.
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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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By Cameron Abbott and Michelle Aggromito
With email being one of the most common forms of communication, it’s not surprising that inboxes these days accumulate thousands of emails that, perhaps, aren’t always electronically filed or deleted (not ours of course).
As the Office of the Australian Information Commissioner (OAIC) has indicated in its most recent report on notifications received under the Notifiable Data Breach (NBD) scheme, email accounts are frequently being used for storage, and this raises inherent risk. Yes it’s convenient, but using email to send personal information, such as copies of passports, bank account details and credit card information, can very quickly lose its appeal. If the email account is accessed by a malicious actor through a phishing attack or a rogue employee, the end result can be exploitation of that information for criminal gain.
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