Original article by David Swan, Elias Visontay
The Australian – Page: 1 & 6 : 30-Oct-19
The Australian Competition & Consumer Commission has launched legal action against digital giant Google for misleading users of Android smartphones with regard to the amount of data it collects and how the data would be used. Amongst other things, the ACCC contends that Google failed to inform consumers that it would continue to receive location data from their smartphones if they switched off the ‘location history’ option. Google faces potential fines of up to $10m or 10 per cent of its annual turnover if the alleged breaches of Australian consumer law are proven in the Federal Court.
GOOGLE INCORPORATED, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, FEDERAL COURT OF AUSTRALIA
Original article by Glenda Korporaal
The Australian – Page: 1 & 2 : 21-Aug-19
Foreign Investment Review Board chairman David Irvine has stressed the need to closely scrutinise foreign bids for companies that own data centres or hold Australians’ personal data. Irvine has used an Australia China Business Council speech to argue that data must be afforded the same level of protection as critical infrastructure such as ports, water supply and the power sector. He added that the FIRB’s tougher stance on the issue of data security has not attracted much concern among foreign investors.
AUSTRALIA. FOREIGN INVESTMENT REVIEW BOARD, AUSTRALIA CHINA BUSINESS COUNCIL, AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION, AUSTRALIAN SECRET INTELLIGENCE SERVICE, AUSTRALIA. CRITICAL INFRASTRUCTURE SECTOR, SIRTEX MEDICAL LIMITED, NATURE’S CARE, LIFE-SPACE GROUP, HEALIUS LIMITED – ASX HLS, JANGHO GROUP, AUSTRALIAN DEFENCE FORCE, KPMG AUSTRALIA PTY LTD, UNIVERSITY OF SYDNEY, AUSTRALIAN STRATEGIC POLICY INSTITUTE LIMITED
Original article by Leo Shanahan
The Australian – Page: Online : 12-Aug-19
Australian Information and Privacy Commissioner Angelene Falk launched an investigation into Facebook Australia in 2018. This followed the latter revealing up to 311,000 Australians might have had their personal data "improperly shared" by Cambridge Analytica. Falk, who was a key adviser to ACCC chairman Rod Sims on his report into digital platforms and their impact on traditional media, says the investigation is a "matter of great priority" for her office. She notes with interest the recent $US7 billion fine that the US Federal Trade Commission imposed on Facebook in the wake of a number of privacy violations by it, including the Cambridge Analytica leak.
AUSTRALIA. OFFICE OF THE AUSTRALIAN INFORMATION COMMISSIONER, FACEBOOK INCORPORATED, CAMBRIDGE ANALYTICA LLC, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, UNITED STATES. FEDERAL TRADE COMMISSION
Original article by Mark Schliebs
The Australian – Page: 4 : 1-Aug-19
The federal government’s Telecommunication Interception and Access Act is under growing scrutiny amid revelations that a wide range of agencies are bypassing it to access Australians’ metadata. The data retention laws authorise 21 government agencies to access metadata without a warrant, but many other agencies are doing so via the Telecommunications Act. The Department of Home Affairs has indicated that this loophole was intentional, and that non-authorised agencies can access metadata on grounds other than law enforcement and national security.
AUSTRALIA. DEPT OF HOME AFFAIRS, COMMUNICATIONS ALLIANCE LIMITED, AUSTRALIAN LABOR PARTY, TELSTRA CORPORATION LIMITED – ASX TLS, AUSTRALIA. PARLIAMENTARY JOINT COMMITTEE ON INTELLIGENCE AND SECURITY
Original article by Mark Schliebs
The Australian – Page: 1 & 4 : 31-Jul-19
The Telecommunication Interception and Access Act identifies just 22 agencies that are entitled to access Australians’ metadata. However, a parliamentary committee that is reviewing the data retention laws has been told that at least 87 agencies have applied to access metadata without a warrant since the legislation took effect in 2015. Telstra has told the committee that many agencies are bypassing the data retention regime by seeking access to metadata via the Telecommunications Act. This is often to investigate minor legal breaches rather than serious criminal activity or issues concerning national security.
AUSTRALIA. PARLIAMENTARY JOINT COMMITTEE ON INTELLIGENCE AND SECURITY, TELSTRA CORPORATION LIMITED – ASX TLS, COMMUNICATIONS ALLIANCE LIMITED, SINGTEL OPTUS PTY LTD, TPG TELECOM LIMITED – ASX TPM, AUSTRALIAN FEDERAL POLICE, AUSTRALIA. DEPT OF HOME AFFAIRS, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AUSTRALIAN COMMISSION FOR LAW ENFORCEMENT INTEGRITY, AUSTRALIAN CRIMINAL INTELLIGENCE COMMISSION, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Original article by Phillip Coorey
The Australian Financial Review – Page: 7 : 4-Jul-19
The federal government’s open banking regime is slated to begin on 1 February 2020, although this will require the Consumer Data Right bill to be passed by the end of July. Shadow financial services minister Stephen Jones says Labor has some concerns about how customers’ data is used and retained under the new regime, which will need to be addressed if Labor is to support the legislation. Jones has questioned whether there will be sufficient time to pass the bill before parliament rises for the winter break.
AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF FINANCE, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, MACQUARIE GROUP LIMITED – ASX MQG
Original article by Supratim Adhikari
The Australian – Page: 23 : 5-Feb-19
Head and neck surgeon Elizabeth Sigston does not believe that there should be any sharing of people’s medical records. Sigston says the $2 billion My Health Record system remains riddled with complexity, and she is very concerned about the proposed Data Sharing and Release Act, warning that it has the potential to override the Privacy Act. She says the risks associated with sharing data is most acute when it comes to genomic data, which the MHR is able to store. John Sutton of Armstrong Legal says there is no need for MHR data to be shared with third parties.
ARMSTRONG LEGAL, AUSTRALIA. DEPT OF HEALTH
Original article by James Eyers
The Australian Financial Review – Page: 19 : 24-Jan-19
The Australian Banking Association has expressed concern that theft of personal data and email scams will become rife under the federal government’s open banking regime. Open banking is slated to begin on 1 February 2020, with a pilot program to commence in July 2019. The ABA’s submission to the Treasury’s draft report on open banking has called for the terms of reference for the pilot program to include an assessment of the potential privacy risks.
AUSTRALIAN BANKING ASSOCIATION, AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Original article by Michael Bailey
The Australian Financial Review – Page: 9 : 11-Dec-18
LegalVision’s James Adler has questioned the merits of the ACCC’s proposal for an "opt-in" regime for the collection and use of customers’ personal data by digital platforms. Adler warns that the proposal would adversely affect many local digital start-ups while increasing the competitive advantage of established players such as Google and Facebook.
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, LEGALVISION PTY LTD, GOOGLE INCORPORATED, FACEBOOK INCORPORATED
Original article by Andrew Tillett
The Australian Financial Review – Page: 8 : 11-Oct-18
The federal government continues to face opposition to its proposed digital encryption laws. However, Home Affairs Minister Peter Dutton argues that the laws are necessary due to the growing use of encryption services by criminals and terrorists, adding that existing laws are inadequate to deal with such technologies. Dutton has also noted that Silicon Valley-based technology companies are among the biggest critics of the proposed laws, despite their poor track record in protecting personal data.
AUSTRALIA. DEPT OF HOME AFFAIRS, NATIONAL PRESS CLUB (AUSTRALIA), AUSTRALIAN FEDERAL POLICE, GOOGLE INCORPORATED