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Patrick Fair

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The Australian government on 13 August 2018 published the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill. This Bill will bring important changes to the regulation of electronic communication services in Australia. This proposed new law enables national security agencies and law enforcement bodies to deliver either a request (“technical assistance request”) or a requirement (“technical assistance notice” or “technical capability notice”) that will require a “designated communications provider” (a widely defined term that will…

Mandatory data breach notification (MDBN) becomes law in Australia on 22 February 2018. This is a high-impact development requiring businesses to respond as expenditure on advertising and years of building customer trust through high-quality service and reputable conduct is put at risk by the obligation to inform customers when security measures fail. Does the law apply to you? Subject to some exceptions the mandatory notification provisions will apply to private sector entities subject to the…

Our cyber security chart outlines the existing array of Australian Federal Government programs and organisations related to cyber security. The chart has been updated to include features of Australia’s Cyber Security Strategy that was released by the Prime Minister in 2016.The types of government cyber security organisations and programs that are detailed in the chart include:Australian Cyber Security CentreACMAASICACORNOnSecureCERT AustraliaOAICIn producing this chart we recognize that we may not have a complete and accurate picture…

It has been observed that an average car spends only around 5% of its life actually being driven. For most of rest of the time it sits unused parked in a driveway, on the roadside or in a parking station. On this basis, the introduction of automated vehicles could reduce the number of cars needed to meet existing transport demand by as much as 95%.Driverless vehicles also hold out the prospect of freeing up driver…

As of 13 October 2015, Australian telecommunications companies and internet service providers (ISPs) must retain customers’ metadata for two years. Under the new (controversial) laws, which were passed as amendments to the Telecommunications (Interception and Access) Act 1979, a limited number of enforcement and security agencies can access the stored information if they have an operational or legislative need. The Australian Government argues that the scheme is necessary to enable law enforcement and security agencies…

Australia is getting closer to joining the growing list of countries with a mandatory data breach notification scheme. We are currently witnessing a significant increase in countries debating and/or enacting legislation requiring entities to notify serious data breaches to supervisory authorities and frequently also affected individuals. Businesses need to respond to this trend by implementing incident response plans (ideally on an international scale) and reflecting notification requirements in controller/ processor contracts.We previously summarised the key legislative…

In November 2015, we launched our new Cybersecurity Counter-Offensive Asia Pacific Guide in response to a wave of new cybersecurity legislation being implemented throughout the Asia Pacific region to regulate and monitor cybersecurity. Knowing the obligations in each jurisdiction and how each relevant regulator or court operates in practice is essential to adequately responding to a data breach incident and understanding which legal remedies may be available and which will be most effective.Please click here…