data privacy

Australia Privacy Act review – a blueprint for change?

Authors: Sarah Birkett, Nicholas Boyle The Australian Attorney-General has published the (long-awaited) results of the Privacy Act review. The report recommends a number of changes to the Australian privacy framework, including various changes to Australia’s core privacy legislation, the Privacy Act 1988 (Cth). The report does not represent official Government policy and there is no …

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AUSTRALIA: Likely increase in maximum penalties for privacy breaches

Author: Sarah Birkett Anyone with a passing interest in Australian privacy laws will no doubt have heard about the Optus data breach. The incident, which was made public in late September 2022, is thought to have affected around 9 million individuals (almost 40% of the Australian population), with identity documents relating to approximately 2.22 million …

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Genetic information – global privacy considerations – an Australian and UK perspective

Authors: Eliza Saunders, Sarah Birkett, James Clark, Senal Premarathna Introduction The benefits of using genetic information for research purposes are clear, especially as the technology underpinning medical research continues to advance at such a rapid pace. Outside of research and clinical development, the number of organisations which use blood and saliva samples and other genetic …

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UK: New Data Protection and Digital Information Bill

Authors: Alexa Smith, James Clark, Robyn Palmer, Jamie Sanderson The UK Government has published its long-awaited ‘Data Protection and Digital Information Bill’. The Bill will reform areas of UK data protection and electronic privacy law, and will also introduce new regulatory frameworks, most notably in the field of digital identity verification. By amending the UK …

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CHINA: Cross-border data transfers – what are your options?

Authors: Carolyn Bigg, Venus Cheung, Fangfang Song, Gwyneth To We have all been waiting for a confirmed approach on legitimising overseas transfers. Finally, we have a clear answer on what organisations need to do to transfer or access for personal data and “important data” outside of Mainland China; and the message is clear – all …

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CHINA: Draft SCCs Released – Time to Focus on Overseas Data Transfers

Authors: Carolyn Bigg, Venus Cheung, Fangfang Song The China draft SCCs have been published, but may not provide the easy approach to cross border transfers of Mainland China personal data we have hoped to. Requirements to file the SCCs or PIIA for each transfer with the regulator, to undertake mini transfer impact assessments upon changes …

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UK: Important judgment on de minimis threshold in data protection compensation claims – Rolfe -v- Veale

Authors: David Cook, Benjamin Fellows As organisations face an ever increasing volume of civil claims seeking damages for trivial infringements of data protection law, the High Court in Rolfe & Others -v- Veale Wasbrough Vizards LLP [2021] EWHC 2809 (QB) has provided a welcome judgment dismissing such a claim in circumstances where it was implausible that …

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US: Cyber Risk: Facing Off Against Employee Monitoring Requirements

Authors: Carol A.F. Umhoefer and Alaa Salaheldin Global companies face increased pressure to adopt strong cyber risk mitigation measures in today’s rapidly evolving cyber threat-heavy business environment. According to security company PurpleSec LLC, in 2020 alone, cybercrime is reported to have increased by up to 600% as a result of new incentives and opportunities for …

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