The Mandatory Data Breach Laws in Australia One Year On

The mandatory data breach notification laws have now been in force for over 12 months. While quite convoluted and amorphous in some respects, the regime imposes an obligation on APP entities to notify affected individuals and the Australian Information Commissioner of suspected eligible data breaches affecting personal information, credit information or tax file numbers, provided …

The Road to Legal Uncertainty: Autonomous Vehicles and the Law

A hallmark of the twenty-first century artificial intelligence renaissance is the autonomous vehicle (AV), an automotive advancement that has pushed scientific frontiers and is poised to transform the transport industry. Though still in their infancy, it is conceivable that AVs will set the wheels in motion for a mobility revolution and will pave the road …

Theories and Realities of Privacy Law: An Overview

There is no universally agreed upon theory of privacy, with a number of competing theories and perspectives as to what privacy actually is and what value we as a society ought to place on an individual’s right to privacy. In this blog post, I will provide a brief overview of the most common or interesting …

Mandatory Data Breach Notification Regime: A Comprehensive Overview

Following the passage of a new mandatory data breach notification bill in Parliament on 13th February 2017, many Australian businesses will soon need to notify the Office of the Australian Information Commissioner and potentially affected individuals of “eligible data breaches.” This brings Australian law in line with developments internationally, with some regions of Europe and …

The Future of Australian Privacy Law: The Introduction of a Statutory Tort?

In Victoria Park Racing v Taylor, the majority of the High Court held that Australian courts could not provide protection ‘on the mere ground of invasion of privacy,’ and accordingly, development of civil remedies for privacy invasion was ‘largely stillborn’ in succeeding years. However, in ABC v Lenah Game Meats, the High Court evinced a …

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