Government Regulation, Legislation & Enforcement – Page 4

Get with the program – China’s new privacy laws are coming

Aug 27 2021

By Cameron Abbott and Ella Richards

The People’s Republic of China (PRC) passed the Personal Information Protection Law (PIPL) on Friday the 20th of August 2021. The new privacy regime strengthens the protection around the use and collection of personal data and introduces a new requirement for user consent.

The PIPL, closely resembling the European Union’s General Data Protection Regulation, prevents the personal data of PRC nationals from being transferred to countries with lower standards of data security; a rule that may pose inherent problems for foreign businesses. The PIPL was introduced following an increase in online scamming and individual service price discrimination – where the same service is offered at different prices based on a user’s shopping profile. However, while businesses and some state entities face stronger collection obligations, the PRC state security department will maintain full access to personal data.

Although the final draft of the PIPL is yet to be released, the new law is set to commence on the 1st of November 2021. Companies will face fines of up to 50 million yuan ($7.6 million USD), or 5% percent of their annual turnover if they fail to comply. For an in-depth discussion of the Draft PIPL released in August 2020, see our K&L Gates publication here.

Uber found to have breached Australian’s privacy following 2016 hack

Jul 27 2021

By Cameron Abbott and Jacqueline Patishman

In 2017, Uber disclosed to the Office of the Australian Information Commissioner (OAIC) a breach of its some 57 million global users and driver’s personal information (including approximately 1.2 million Australians). Last Friday, the OAIC determined that Uber had breached the Australian Privacy Act by failing to take reasonable steps to protect Australian’s personal information from unauthorised access.

To pay or not to pay the ransom? Organisations may find their decision easier with government guidance

Jul 26 2021

By Cameron Abbott, Rob Pulham and Jacqueline Patishman

The Cyber Security Advisory Committee (an industry based advisory panel established by the Minister for Home Affairs to provide independent strategic advice on Australia’s cyber security challenges) has recommended in its annual report that the federal government develop a clearer policy position on the payment of ransoms by organisations that have suffered ransomware attacks.

Would mandatory reporting of ransomware payments cause more good or trouble?

Jul 15 2021

By Cameron Abbott, Warwick Andersen and Jacqueline Patishman

Last month, the federal opposition (Shadow Assistant Minister for Cyber Security) introduced the private member’s Ransomware Payments Bill (the Bill) that proposes to make it mandatory for all Australian businesses and government agencies to notify the Australian Cyber Security Centre (ACSC) before paying a ransom to a ransomware attacker. Failure to notify will attract a penalty of 1,000 penalty units ($181,740).

New Cyber Security Evaluation Tool released by US Homeland Security for organisations to self-test their security systems

Jul 14 2021

By Cameron Abbott, Warwick Andersen and Jacqueline Patishman

The United States Department of Homeland Security has developed the Cyber Security Evaluation Tool (CSET) which provides a systematic (and repeatable) process that critical infrastructure asset owners can use to assess and improve their cyber security management systems. This tool has a particular focus on the security of industrial control systems and information networks.

New US / Aus cross-border data access regime

Jul 12 2021

By Cameron Abbott, Warwick Andersen and Jacqueline Patishman

The Telecommunications Legislations Amendment (International Orders) Bill 2020 has just cleared both houses of parliament. The new bill establishes a reciprocal cross-border data access regime between the United States and Australia which will allow for cross-border communications between foreign governments for national security and law enforcement purposes.

Is ABC’s mandatory login into ABC iview legal?

Jun 27 2021

By Cameron Abbott, Warwick Andersen and Jacqueline Patishman

From July 1 all users of ABC’s on demand platform iview will be required to log in (and to have an account) to use the platform. It’s been reported that the former federal Privacy Commissioner, Malcolm Crompton, has been pushing to reverse the ABC’s decision, arguing that because the ABC is publically funded, Australians shouldn’t have to pay for content (which we have already paid for) with our data.

Victorian Government QR Code Service now compulsory for all workplaces and businesses

Jun 11 2021

By Cameron Abbott, Rob Pulham and Jacqueline Patishman

All Victorian workplaces businesses and venue operators must now use the free Victorian Government QR Code Service (or use a third-party system that links back to the government’s interface) to meet their contact tracing obligations.

The AFP and FBI developed ANoM app secretly distributed among criminals used to make over 800 criminal arrests worldwide

Jun 10 2021

By Cameron Abbott, Warwick Andersen and Jacqueline Patishman

[Editor: It has been a busy week for all Cyberwatchers, and our blog has been running hot. This however is our favourite.]

For at least the last three years the Australian Federal Police and the United Stated Federal Bureau of Investigation have been working together to run ‘Operation Ironside’ using an app called ANoM. The app has allowed law enforcement to easily monitor criminal communications and to make over 800 criminal arrests so far.

May 02 2021

By Cameron Abbott, Michelle Aggromito, Jacqueline Patishman and Emily Gamaroff

In a bid to maintain stability in the Indo-Pacific region, Australia has pledged $37.5 million to bolster the security and development of critical technology in neighboring countries as part of its updated International Cyber Engagement Strategy. The funding aims to promote the resilience of critical technologies in Southeast Asia and to support Australia’s Pacific neighbours by improving online safety, counter misinformation and to fight cybercrime.

Catagory:Government Regulation, Legislation & Enforcement

Get with the program – China’s new privacy laws are coming

Uber found to have breached Australian’s privacy following 2016 hack

To pay or not to pay the ransom? Organisations may find their decision easier with government guidance

Would mandatory reporting of ransomware payments cause more good or trouble?

New Cyber Security Evaluation Tool released by US Homeland Security for organisations to self-test their security systems

New US / Aus cross-border data access regime

Is ABC’s mandatory login into ABC iview legal?

Victorian Government QR Code Service now compulsory for all workplaces and businesses

The AFP and FBI developed ANoM app secretly distributed among criminals used to make over 800 criminal arrests worldwide

Australia’s international cyber strategy pivots towards critical technology in neighboring countries