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
We have seen some key changes in the privacy space recently: the Australian Federal Government has introduced new mandatory breach notification laws and the European General Data Protection Regulation (GDPR) will have extraterritorial operation and potentially affect Australian businesses.
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:
For our latest analysis on the expected changes to Australia’s privacy regulatory landscape over 2020/21, watch our webinar co-hosted with OneTrust DataGuidance here.
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.
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.
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.
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.
17 June 2021 - Knowledge
The Digital Transformation Agency established a new Hosting Certification Framework in April 2021 which, reflecting Commonwealth Government concerns as to data sovereignty, will be rolled out over the next year to providers of hosting and related data centre services to Commonwealth agencies.
12 May 2021 - Knowledge
All NSW government agencies and departments will need to notify the Privacy Commissioner and affected individuals when a data breach is likely to result in serious harm under a new mandatory data breach notification scheme.
06 May 2021 - Knowledge
The Australian Government is currently conducting a comprehensive review of the Privacy Act 1988 (Cth). This Privacy Awareness Week we take a quick look at some of the possible reforms that may be made as a result of this review, and the potential influence of approaches taken in privacy regulation in other jurisdictions.
14 April 2021 - Knowledge
With the final stage of the ACCC’s Ad Tech Inquiry underway, Australian ad tech market participants are closely watching developments in international antitrust proceedings against the major digital platforms.
12 April 2021 - Knowledge
We provide an outline of employers’ obligations under the Australian Privacy Principles when collecting, using, storing, and disclosing information about their employee’s vaccination status.
31 March 2021 - Knowledge
A recent European Union decision that directly impacts data transfers from the EU to the United States could also affect Australian organisations seeking to transfer personal data from the EU.
24 March 2021 - Knowledge
In this week’s feature, we provide businesses with an overview of Australia’s data regulation and discuss how they can derive economic value from data in the digital age.
03 March 2021 - Knowledge
The Privacy Commissioner has confirmed the first financial compensation of its kind for non-economic loss to affected individuals in a representative action against the government’s data breach.