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The passing of the SLACIP Act wo

The passing of the SLACIP Act would constitute the second tranche of the Security of Critical Infrastructure laws (SOCI Laws). 16.2 Is there a legal requirement to report data breaches to the relevant data protection authority(ies)? Furthermore, in mid-2019, the OAIC accepted an undertaking for a company that was connected to Federal Parliament to use the information collected in relation to Parliament and subsequently contact those persons without their consent. However, the OAIC had previously made a submission on 11 December 2020 in response to the Privacy Act Review Issues Paper issued by the Australian Government in October 2020. if unable to be delivered because the relevant electronic address does not exist, would have been reasonably likely to have been accessed using a computer, server or device located in Australia, had the address existed. penal or directly related to, one or more of an agencys functions or activities; or. However, an APP entity will need to establish (on a case-by-case basis) whether an individual under the age of 18 has the capacity to consent. Yes; consent or notice is generally required. ICLG - Data Protection Laws and Regulations - In respect to the CDR regime, accreditation through the ACCC is a pre-requisite to receiving or holding CDR data. Under APP 8.1, businesses must take such steps as are reasonable in the circumstances to ensure that the foreign recipient complies with the APPs (other than APP 1) in relation to the information. If the entity determines that it could not have done so, then it should destroy or de-identify the information in accordance with APP 4. 12.3 Do transfers of personal data to other jurisdictions require registration/notification or prior approval from the relevant data protection authority(ies)? 15.2 Is consent or notice required? The OAIC stated that this part of the decision may have implications for Australian businesses if EU companies or EU data protection authorities were to consider that data being transferred to Australia could be subject to an order by Australian public authorities. An Australian Link arises under s. 5B(2) of the Privacy Act if an organisation or operator is: If not described above, an organisation or small business operator may have an Australian Link under s. 5B(3) of the Privacy Act if: 4.1 What are the key principles that apply to the processing of personal data? in relation to tracking surveillance, a notice must be clearly visible on the vehicle indicating that the vehicle is the subject of tracking surveillance. MinterEllison, Helen Cheung ontario regulations 2021 act pocket oh This decision was appealed by Facebook and on 7 February 2022, the Full Federal Court of Australia delivered its judgment. employment If it is not clear whether the circumstances amount to an eligible data breach, the entity must carry out an assessment and take all reasonable steps to ensure that the assessment is completed within 30 days. a process for reviewing the programme and keeping the programme up to date. APP 8.1 stipulates that a foreign recipient of personal information must comply with the APPs. wage unemployment The OAIC launched proceedings against Facebook Inc. in March 2020 in relation to the use and disclosure of personal information collected through the use of the This is Your Digital Life application. the APP entity expressly informs the individual that if he or she consents to the disclosure of the information, subclause 8.1 will not apply to the disclosure; and after being so informed, the individual consents to the disclosure. The relevant concept is phrased as APP entity, which means an agency or organisation. The OAIC has used its powers to approve legally binding guidelines with respect to the guidelines issued by the National Health and Medical Research Council. 11.4 What are the maximum penalties for breaches of applicable cookie restrictions? thomson martins thomsonreuters that an individual 15 or over has the capacity to consent (unless something suggests otherwise); and.

There are no registration requirements in relation to the transfer of personal data. S. 9 of the DNCR Act also expressly states that it extends to acts, omissions and matters outside Australia. 7.11 Is there a publicly available list of completed registrations/notifications? For instance, in the State of New South Wales, the operator of a bus or taxi service must ensure that signs are conspicuously placed within and on the outside of a bus or taxi advising persons that they may be under video surveillance. The following exceptions apply to personal information (not sensitive information): Under the Spam Act, express or inferred consent is required for the sending of an electronic message (see section 16). No; the use of CCTV does not require separate registration, notification or prior approval from data protection authorities. If it is prohibited or discouraged, how do businesses typically address this issue? MinterEllison, Tony Issa

Refer to data minimisation above. If not, then the entity must publish a copy of the statement on the entitys website (if any) and take reasonable steps to publicise the contents of the statement. Right to complain to the relevant data protection authority(ies). Separately, in January 2020, a telecommunication provider was fined over AU$150,000 for breaching the DNCR Act by making telemarketing calls to numbers on the Do Not Call Register without consent and not ending the calls when immediately asked. an understanding of any other legislation that governs the way the agency handles personal information. Yes, there are limits on the purposes for which CCTV data may be used. 12.1 Please describe any restrictions on the transfer of personal data to other jurisdictions. APP 8.1 does not apply to the disclosure of personal information about an individual by an APP entity to the overseas recipient if: Separately and for reference, APP 8.2 provides for an exception to permit cross-border disclosure of personal information required or authorised by or under an Australian law or a court/tribunal order but this exception does not extend to foreign law enforcement agencies. 7.2 If such registration/notification is needed, must it be specific (e.g., listing all processing activities, categories of data, etc.) For an APRA-regulated institution, if in APRAs view, an offshoring agreement (including an offshoring agreement for the processing of data) involves risks that the APRA regulated institution is not managing appropriately, APRA may require the APRA-regulated institution to make other arrangements for the outsourced activity as soon as practicable.

Exciting developments are also occurring in the infrastructure space, with the passing of the Security Legislation Amendment (Critical Infrastructure Protection) Act 2022 (SLACIP Act) on 31 March 2022 and its commencement on 2 April 2022. Sensitive information is defined in the Privacy Act as: Under s. 26WE(2) of the Privacy Act, there is an eligible data breach if: See also other definitions in s. 6 of the Privacy Act. In respect of government agencies, the Australian Information Commissioner has issued a Privacy (Australian Government Agencies Governance) APP Code 2017 (Government Agencies APP Code) which is binding on government agencies in Australia. APP 1 requires an APP entity to have a clearly expressed privacy policy which must contain information on how an individual may (i) access personal information about the individual that is held by the entity and seek the correction of such information, and (ii) complain about a breach of the APP and how the entity will deal with such a complaint. The process and time frame for relatively new CDR accreditation scheme have been developing and emerging gradually. If no legal requirement exists, describe under what circumstances the relevant data protection authority(ies) expect(s) voluntary breach reporting. 17.4 Does the data protection authority ever exercise its powers against businesses established in other jurisdictions? ubiq wolters kluwer The OAIC can take, and has taken, action on foreign organisations. Under APP 7.6(e), individuals may also request to be advised of the source of their personal information used or disclosed in relation to the direct marketing. Yes, the ACMA is the regulatory authority charged with enforcing the DNCR Act and Spam Act and it publishes actions it takes to enforce breaches of marketing restrictions covered by these Acts. In response to this, the OAIC made a submission on 11 December 2020 which included a recommendation to amend APP 1 to require entities to appoint a privacy officer(s) and ensure that privacy officer functions are undertaken. Under APP 4, if an APP entity receives unsolicited personal information, the entity must determine whether it could have solicited and collected the information under APP 3. 7.6 What are the sanctions for failure to register/notify where required? Anthony Borgese referendum caledonia 9.2 If it is necessary to enter into an agreement, what are the formalities of that agreement (e.g., in writing, signed, etc.) The SLACIP Act introduces a new obligation for responsible entities to create and maintain a critical infrastructure risk management programme. See question 11.3 for more detail on this case. For practitioners, the publications are useful in the formation of an early and high-level understanding on each of the relevant topics and jurisdictions GLG covers. The APRA is responsible for regulating powers in accordance with CPS 231 and CPS 234. An entity discloses personal information when it makes it accessible or visible to others outside the entity and releases the subsequent handling of the personal information from its effective control. These agencies, as well as APP entities, must not use the personal information for a purpose other than that for which it was collected, unless certain exemptions apply, such as the individual having consented to the use of the information. The Schrems II decision calls into question the use of Standard Contractual Clauses as a transfer mechanism and urges companies to make assessments on a case-by-case basis to ensure the data is adequately protection from acquisition by public authorities. Between 2017 and 2019, the ACCC conducted the Digital Platforms Inquiry, which pulled the curtain on the effect that search engines, content aggregation platforms and social media platforms have on competition and user privacy. For instance, in March 2021, an e-marketing company was fined AU$310,000 for breaching the Spam Act and sending direct marketing emails without a functional unsubscribe facility. See also further discussion of other principles in the answers below. Moreover, APP 11 denotes that an entity must take active steps to ensure that personal information no longer required (for the notified purpose) is deleted or de-identified. In respect to CDR accreditation under the CDR scheme is in respect of the receipt and holding of CDR data. With respect to CDR accreditations, these are made on a per legal entity basis. The Spam Act prohibits the sending of unsolicited and non-consensual electronic messages. the overseas recipient is exempt from complying, or is authorised to not comply, with part, or all of the privacy or data protection law in the jurisdiction; or. Such secondary purpose should: APP 3 stipulates that personal information must not be collected unless it is reasonably necessary for: Furthermore, APP 11 requires personal information to be destroyed/de-identified where an entity no longer requires the information for any purpose for which the information may be used or disclosed under the APPs. In the past 12 months, enforcement actions against entities who systemically and repeatedly breach legislative instruments that protect customer and public data have been on the rise. Yes; the Privacy Act requires entities to give a notification if they have reasonable grounds to believe that an eligible data breach has happened, or it is directed to do so by the Commissioner. camera surveillance, which is surveillance by means of a camera that monitors or records visual images; computer surveillance, which is surveillance by means of software or other equipment that monitors or records the information input or output, or other use, of a computer; and. However, public guidance has been given by the OAIC regarding how their distinctive operations run and how individuals may subsequently change their browsing preferences in line with this. 14.1 Does the use of CCTV require separate registration/notification or prior approval from the relevant data protection authority(ies), and/or any specific form of public notice (e.g., a high-visibility sign)? In this instance, ASIC instigated proceedings against an Australian Financial Service (AFS) licence holder on the basis that it failed to appropriately manage its cyber security risks. As part of this obligation, the business is required to ensure that other entities to which it discloses personal information also comply with the relevant legal requirements. The court may also make an order directing a person who has infringed the DNCR Act and/or the Spam Act to compensate a victim who has suffered loss or damage as a result of the relevant contraventions. cyberbullying laws 8.1 Is the appointment of a Data Protection Officer mandatory or optional? mortality infant indigenous australia aboriginal expectancy australian health aihw 1998 status welfare 12.2 Please describe the mechanisms businesses typically utilise to transfer personal data abroad in compliance with applicable transfer restrictions (e.g., consent of the data subject, performance of a contract with the data subject, approved contractual clauses, compliance with legal obligations, etc.). In respect to CDR, when applying for CDR accreditation, the applicant must state their address for service, the goods or services the applicant wishes to offer, ownership structure, number of employees, whether the applicant holds or intends to hold designated data and their intent for how they will use the data, other licences held, how the applicant manages CDR data, and whether the applicant is a fit and proper person.

This requires that the organisation who purchases the marketing list from a third party ensures that the individuals on the list have consented to marketing or, where such consent is impractical to obtain, each communication provides the recipient with a simple means to opt out. This is not currently applicable in Australia. or can it be general (e.g., providing a broad description of the relevant processing activities)? 7.4 Who must register with/notify the data protection authority (e.g., local legal entities, foreign legal entities subject to the relevant data protection legislation, representative or branch offices of foreign legal entities subject to the relevant data protection legislation)? On an industry-specific level, under CPS 231, APRA-regulated industries (including banking, insurance and superannuation) must notify APRA if they undertake outsourcing of a material business activity (including data processing activity), either as soon as possible after undertaking a domestic outsourcing activity, or prior to entering any off-shore outsourcing arrangement. Organisations should take care to destroy any personal information it collected with respect to COVID-19 once it is no longer needed for the purpose for which it was collected. In turn, Facebook was found to be in breach of APP 6 and APP 11.1 by sharing the data obtained through the This is Your Digital Life application without the consent of users and without taking reasonable steps to prevent unauthorised disclosure of personal information. Controller is not used in the Privacy Act. Under s. 16C of the Privacy Act, the Australian entity is legally responsible for any breaches of the APPs by the recipient on the basis that they believe that the foreign recipient will be compliant with the APPs. The phrase Data Subject is not used in the Privacy Act. 10.2 Are these restrictions only applicable to business-to-consumer marketing, or do they also apply in a business-to-business context? The relevant terminology is APP entity, in relation to which please refer to the definition for Controller above. Australian Government agencies and organisations with an annual turnover of more than AU$3 million, as well as some other organisations (APP entities) must also comply with the APPs in relation to personal information, including notifying individuals that their image may be captured. it is reasonably believed that the recipient is subject to a law, or binding scheme, that bears overall substantial similarity to the APPs and the individual can take action to enforce such protections; the entity has obtained the individuals consent to the foreign disclosure; the foreign disclosure is required or authorised by Australian law; a permitted general situation (such as to lessen or prevent serious health and safety risks, or to take appropriate action in relation to suspected serious misconduct) applies; such disclosure is required by a Government agency under an agreement to which Australia is a party; or. An individual has the right to withdraw their consent to the use of their personal information. Beginning a dialogue in the board room about a companys cybersecurity is an effective way to address cyber risk management from the highest level. Please see details of the sanctions under question 16.1 below. In connection with how these requirements may be met, the. the disclosure is by a Government agency and relates to foreign law enforcement activities. In respect of government agencies, the Government Agencies APP Code describes privacy officers as the primary point of contact for advice on privacy matters in a Government agency and requires Government agencies to ensure that the following privacy officer functions are carried out: 8.7 Must the appointment of a Data Protection Officer be registered/notified to the relevant data protection authority(ies)? If no legal requirement exists, describe under what circumstances the relevant data protection authority(ies) expect(s) voluntary breach reporting. 8.2 What are the sanctions for failing to appoint a Data Protection Officer where required? The maximum penalty for data security breaches under the Privacy Act is currently AU$2.22 million for a body corporate. Dealing with unsolicited personal information. 14.2 Are there limits on the purposes for which CCTV data may be used? 19.2 What hot topics are currently a focus for the data protection regulator? the organisation or operator carries out business in Australia or an external Territory; and. law georgia enforcement handbook 2021 criminal For banking, insurance and superannuation industries, APRA-regulated entities are required by CPS 234 to evaluate the design of a data processors information security controls that protects the entities information assets. measuring and documenting the agencys performance against the privacy management plan at least annually. The Privacy Act 1988 (Cth) (Privacy Act), which includes the Australian Privacy Principles (APPs), is the principal data protection legislation. regulations 1.4 What authority(ies) are responsible for data protection? In 2015, Australian Securities Investment Commission (ASIC) confirmed its stance in its Cyber Resilience: Health Check report, that cybersecurity falls squarely within a directors duties. The Privacy Act does not contain an explicit right which protects an individuals personal information against automated decision-making and profiling. In the current age of well-publicised, sophisticated cyber threats, the bar for such harm materialising is increasingly low and the recent decision of ASIC v RI Advice Group Pty Ltd demonstrates ASICs renewed concern to drive the issue home. the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the APPs protect the information; and, there are mechanisms that the individual can access to take action to enforce that protection of the law or binding scheme; or. Surveillance of changing rooms and bathrooms is prohibited. Under APP 7, an organisation is prohibited from using or disclosing personal information for the purpose of direct marketing. and what issues must it address (e.g., only processing personal data in accordance with relevant instructions, keeping personal data secure, etc.)? APP 7.1 encompasses not only the regulation of personal information for direct marketing but also its disclosure for this purpose. APP 3.5 restricts APP entities to collect personal information only by lawful and fair means. The Corporations Act 2001 (Cth) (Corporations Act) provides protections for whistle-blowers who report misconduct or an improper state of affairs or circumstances in relation to a regulated entity(ies) (including companies, banks, insurers, etc.) 10.3 Please describe any legislative restrictions on the sending of marketing via other means (e.g., for marketing by telephone, a national opt-out register must be checked in advance; for marketing by post, there are no consent or opt-out requirements, etc.). MinterEllison, Zoe Zhang Additionally, the CDR regime (discussed further under section 7 below) includes provisions regarding the definition of a CDR consumer where a person is identifiable (or reasonably identifiable) from data relating to the person because of the supply of a good or service to the person or one of the persons associates. Since 1 January 2020, all public companies, large proprietary companies and corporate trustees of registrable superannuation entities have been required to have a whistle-blower policy and to make it available to officers and employees of the company. 19.1 What enforcement trends have emerged during the previous 12 months? Generally, the lawful basis for the collection, use or disclosure of personal information requires the information to be reasonably necessary for the entitys function(s) or activity(ies). 9.1 If a business appoints a processor to process personal data on its behalf, must the business enter into any form of agreement with that processor? australia law common canada In the OAICs submission, it highlights the importance of entities to be able to satisfy themselves that the receiving entity is able to comply with the Standard Contract Clauses in a way which provides meaningful protections.

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The passing of the SLACIP Act wo