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Data & Privacy

Data is a crucial part of every business environment. It is imperative that all organisations have systems and procedures in place to manage local and international legal requirements as well as maintaining a social licence to operate

Data & Privacy

We have seen some key changes in the privacy space recently: the Australian Federal Government has introduced new mandatory breach notification laws and the upcoming European General Data Protection Regulation (GDPR) will have extraterritorial operation and potentially affect Australian businesses.

Expertise

The local mandatory data breach rules provide a reason for many Australian businesses to reconsider the way they collect, process, store, and share secure personal information. Even if one business is not concerned about its data practices, its business partners are likely to be increasingly persistent about transparency of legal compliance.

Our practice covers data in many forms, including business information, big datasets and personal and sensitive information. While we spend significant time advising on the Privacy Act and the Spam Act, the issues around data often crossover into competition law and complex commercialisation arrangements. We also understand managing data and privacy risk involves a range of stakeholders within an organisation and we often work not only with general counsel but internal executive teams including chief data officers, chief security officers, chief risk officers and the regulatory and communications executives.

We can assist with your privacy and data protection concerns by:

  • reviewing current policies and underlying practices
  • training management and frontline staff
  • preparing and implementing policies, codes of conduct, and internal procedures
  • providing advice in crisis situations – such as breaches
  • preparing compliance plans and privacy impact assessment.

Experience

Information Governance Frameworks

We work with senior managers and boards to develop and implement information governance frameworks. This encompasses risk management strategies and often overlaps with other areas of risk and compliance, including anti-corruption. Our primary concern is Privacy Act compliance as well as relevant international requirements so that group policies can align with all relevant jurisdictions. 

Data Breach planning, investigation and response

We can assist you to develop breach response plans, rehearse and scenario plan, prepare in advance your response and investigation planning methodology and team. We also assist in liaising with the Office of the Australian Information Commissioner.

Data Security

Holding Redlich has experience advising international organisations about the collection and use of various elements of personal information in Australia including the ability to use personal information to create derivative statistical and risk assessment products for use in and out of Australia. We also have experience drafting privacy, right to information and data security provisions for commercial contracts for local, State and Federal government agencies, Government owned corporations and statutory authorities.

Regulator investigations and enquiries

  • acting for both corporations and individuals in regulatory investigations and prosecutions
  • assisting clients in managing regulators’ monitoring and enforcement visits
  • advising on and creating compliance and risk management policies and programs tailored to the particular risks faced by different corporations and individuals
  • advising companies, directors and officers involved in external investigations and prosecutions brought by Commonwealth and state agencies.

Open Data frameworks and information access (FOI)

Holding Redlich acts on behalf of applicants and respondents to Freedom of Information requests. We regularly advise on the validity (or otherwise) of the scope of a request, and assist clients in refusing requests for documents that are either too voluminous or seek only documents that are exempt under the FOI Act. We also assist in the processing of FOI requests, including the review of documentation and assessment for exemption. Once a decision is made, we assist the decision-maker to communicate the basis of their decision. We have also successfully defended appeals and complaints made to the FOI Commissioner in respect of those decisions. 

Dan Pearce

Dan Pearce

Partner

Melbourne

More info
Trent Taylor

Trent Taylor

Partner

Brisbane

More info
Greg Wrobel

Greg Wrobel

Partner

Sydney

More info
Paul Venus

Paul Venus

Managing Partner

Brisbane

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Lyn Nicholson

Lyn Nicholson

General Counsel

Sydney

More info

Recent Posts

16 May 2018 - Blog

Privacy in the Facebook age: is your business ready for the GDPR?

#Data & Privacy

The Facebook Cambridge Analytica scandal dominated headlines for weeks. Public concern over digital privacy and data security is growing with every high profile data security breach. Businesses are being forced to adapt to an environment where individuals are aware that their personal data is valuable, vulnerable and, in many cases, commercially exploited by social media platforms and third parties.

09 May 2018 - Blog

CBA data breach: The law is the law but does transparency matter more?

#Data & Privacy

We look at a case that illustrates that while it may not be a foregone conclusion for businesses to notify when faced with a data breach, they do have a legal obligation to assess a suspected data breach and then assess if there is real risk of serious harm.

30 April 2018 - Blog

Impact of the Children Legislation Amendment (Information Sharing) Act 2018

#Data & Privacy

The Children Legislation Amendment (Information Sharing) Act 2018 (Vic) (the Act) was assented to on the 10 April 2018, establishing the child wellbeing and safety information-sharing scheme.