Catagory:New Developments

1
Doctor, how are we tracking? China, South Korea, Singapore and Thailand Using Smart Phone Applications to Halt the Spread of Corona Virus
2
Uniformity of Law II: NSW Government pledges to introduce Mandatory Data Breach Reporting in respect to State Government Agencies
3
A New Low: Red Cross subject to Fraudulent Claims for Bushfire Grants by Cyber Thieves
4
Hand Out of a Different Cookie Jar: Google to Eliminate all Third Party Cookies
5
New Decade, New Facebook? Facebook Reaches $550 Million Settlement in Facial Recognition Class Action, Agrees to Upgrade Privacy Safeguards
6
Post-Brexit data protection – where are we now?
7
Pushing for Gold: Organisers of the Tokyo 2020 Olympics adopting Facial Recognition Technology and Robotics to Ensure Peak (Security) Performance
8
Poker Face: Problem Gamblers Being Identified through Facial Recognition Technology
9
A JEDI Uses the Force for Knowledge and Defense: The Pentagon awards US$10billion JEDI cloud deal to Microsoft
10
California’s answer to the GDPR – the California Consumer Privacy Act kicks in on 1 Jan 2020

Doctor, how are we tracking? China, South Korea, Singapore and Thailand Using Smart Phone Applications to Halt the Spread of Corona Virus

By Cameron Abbott, Warwick Andersen, Rob Pulham and Max Evans

A slew of Asian countries have begun to use telecommunications networks, Smart Phone Applications and messaging services to assign, inform, track and/or monitor individuals which may have contracted COVID-19, including those which are required to undertake a process of self-isolation, according to articles from Wired, Channel News Asia and Bangkok Post.

In China, apps such as WeChat and AliPay have been utilised to assign individuals health codes, referred to as colour codes, to determine whether they should undertake a process of self-isolation. According to the NY Times a green code enables its holder to move about unrestricted, a yellow code asks the individual to stay home for seven days whilst a red code requires a two-week quarantine. In South Korea, government authorities have sent out texts detailing the movements of specific people infected with COVID in addition to using a smartphone app to ensure people who are required to self-isolate are staying home.

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Uniformity of Law II: NSW Government pledges to introduce Mandatory Data Breach Reporting in respect to State Government Agencies

Cameron Abbott, Warwick Andersen and Max Evans

Following on from the consultation opened by the NSW Government in July 2019 (the subject of a previous blog), NSW Attorney-General Mark Speakman has committed to introducing a mandatory data breach scheme, according to an article by ITNews.

At present, neither NSW privacy laws nor the notifiable data breach scheme under Part IIIC of the Privacy Act 1988 (Cth) require public sector agencies in NSW to notify the NSW Privacy Commissioner and affected individuals where a data breach creates a risk of serious harm. This led to a consultation conducted by the Department of Communities and Justice in late 2019, which revealed “overwhelming public support” for the introduction of a mandatory data breach scheme in NSW, with the NSW Government “sharing a view” that the relevant scheme should be introduced.

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A New Low: Red Cross subject to Fraudulent Claims for Bushfire Grants by Cyber Thieves

By Cameron Abbott and Max Evans

If you thought cyber attackers couldn’t go any lower, think again. Cyber thieves are tying up valuable resources at the Australian Red Cross through computer generated applications for bushfire relief assistance, according to an article from the AAP.

According to the article, cyber thieves are using applications to automate hundreds of fraudulent attempts to access financial assistance from the Red Cross, which is distributing grants of up to $20,000 per application with a total grant of around $1,000,000 per day. In one community, there were applications made in respect of 15 homes that purportedly had been destroyed by bushfires, but when physically checked remained unaffected. Go figure!

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Hand Out of a Different Cookie Jar: Google to Eliminate all Third Party Cookies

By Cameron Abbott, Max Evans and Florence Fermanis

Google is aiming to eliminate all third party cookies by 2020, according to a recent article by ABC Science.

‘Cookies’ have gained a somewhat infamous reputation beyond their sweet moniker. Third party cookies particularly are created by a party that is different to the website you are using, and are designed to help market a certain good to you as you surf across the web. Think of a pair of trousers you viewed once that now pop up in different advertisements across different websites. These are the sort of cookies Google wants to ban.

This comes amidst increasing demand by consumers for better privacy protection, according to Justin Schuh, Google’s director of Chrome Engineering.

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New Decade, New Facebook? Facebook Reaches $550 Million Settlement in Facial Recognition Class Action, Agrees to Upgrade Privacy Safeguards

By Cameron Abbott, Max Evans and Florence Fermanis

Facebook is in the news again, but this time it’s not for the Cambridge Analytica scandal that took over our screens in 2019. Facebook has agreed to pay $550 Million USD to settle a class action which claimed that it had collected and stored biometric information belonging to millions of users without their consent, according to reports by Reuters and TechXplore.

According to the reports, the relevant users alleged that Facebook illegally collected biometric data through its ‘Tag Suggestions’ feature, which allowed users to recognise Facebook friends from uploaded photographs.

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Post-Brexit data protection – where are we now?

By Cameron Abbott and Michelle Aggromito

After years of political squabble and delays, Brexit day finally arrived on 31 January 2020. But what does it mean when we talk about the UK’s withdrawal from the EU and how will data protection regulation and compliance change?

There will be little change during the transition (also known as “implementation”) period that is expected to end on 31 December 2020. During this period, EU law will continue to apply in the UK, including the EU General Data Protection Regulation (GDPR), after which the GDPR will be converted into UK law.

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Pushing for Gold: Organisers of the Tokyo 2020 Olympics adopting Facial Recognition Technology and Robotics to Ensure Peak (Security) Performance

By Cameron Abbott, Max Evans and James Gray

It seems that Facial Recognition Technology (FRT) is the flavour of the month. Recently, we blogged about the adoption of FRT in the SkyCity Adelaide Casino to identify barred gamblers, which comes following the commencement of Perth’s 12 month trial of FRT conducted in co-operation with law enforcement agencies. However, on an international stage, organisers of the 2020 Tokyo Olympics have begun testing of FRT access systems to boost security, according to a Report by the Australian Financial Review.

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Poker Face: Problem Gamblers Being Identified through Facial Recognition Technology

By Cameron Abbott, Max Evans and James Gray

Facial Recognition Technology (FRT) is being used by the popular SkyCity Adelaide Casino to detect barred gamblers, according to a report by Adelaide Now.

The FRT is capable of identifying even those attempting to conceal their identities with hats and sunglasses, with one staff member detected by her smile. According to the report, casino staff escorted barred gamblers off premises following identification using the FRT, before asking the relevant gambler whether they are in contact with their counsellors. The report states that detected problem gamblers were almost always appreciative of staff’s intervention.

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A JEDI Uses the Force for Knowledge and Defense: The Pentagon awards US$10billion JEDI cloud deal to Microsoft

By Cameron Abbott and Tan Xin Ya

In October, the US Department of Defence (DoD) awarded the Joint Enterprise Defence Infrastructure (JEDI) contract to Microsoft to overhaul its IT infrastructure – a huge show of confidence in infrastructure as a service (IaaS).

The DoD’s award of the 10-year, $10 billion JEDI contract to Microsoft is an endorsement of the secure nature of Azure, Microsoft’s cloud computing service. Under this deal, Microsoft’s task is to create a globally responsive network and monitor ongoing issues such as bugs and breaches. Part of the deal involves moving sensitive data, including classified mission operations, to Microsoft Azure. The system must be fortified with robust cyber security and encryption as Microsoft bears the important responsibility for the defence of the US.

The DoD’s decision to move to the cloud is a clear signal that IaaS has come of age, considering when such a security sensitive operation is able to use the service.

California’s answer to the GDPR – the California Consumer Privacy Act kicks in on 1 Jan 2020

By Cameron Abbott ,Tan Xin Ya and John ReVeal

In just a short few weeks, a monumental change of privacy regulations will kick in for US businesses. On 1 January 2020, the California Consumer Privacy Act (CCPA) will come into effect, with a compliance deadline at the end of January 2020, and signifies a shift in tone in the privacy sphere for the US – with a move closer to global privacy norms, and away from the perspective that personal data is a company asset.

A series of data disasters such as Facebook’s Cambridge Analytica scandal and the massive Equifax breach left many Americans feeling powerless. Regulators stepped in after the fact to punish the companies, but at the time, there was little that U.S. consumers could do to prevent data breaches. Under the CCPA, Americans (well, Californians, mostly) move a step closer to general privacy protection. However, the Act only targets larger companies or those with prolific data use so there is still a long way to go to being general protection.

In October, the California Governor signed five bills to amend CCPA to provide some regulatory relief for businesses when the CCPA comes into effect. For a detailed analysis on the amendments, we refer you to Volume 2 of our colleagues’ Volume 2 of The Privacists available at the K&L Gates Hub.

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