Category: Legal & Regulatory Risk

1
Australian Government legislates to protect critical national infrastructure
2
Cost of cybercrime hits a new high according to the ACCC’s Scamwatch Report
3
US Department of Homeland Security unveils five point strategy to combat cyber risk
4
Another Facebook app leaves anonymised data of 3 million users potentially exposed
5
Family Planning NSW the latest victim of cyber attacks
6
US Court signals that proving data breach class actions will be difficult
7
Facebook to release “clear history” tool
8
Cambridge Analytica closes its doors
9
Excel skills of English Council leads to the exposure of “hidden” personal information
10
DNA Profiles shared online lead to serial killer’s arrest

Australian Government legislates to protect critical national infrastructure

By Cameron Abbott, Keely O’Dowd and Sarah Goegan

Protecting Australia’s critical infrastructure from threats is essential to Australia’s national security interests, community safety and the overall quality of life for Australians.

In March 2018, the Australian Parliament passed the Security of Critical Infrastructure Act 2018, which is due to commence on 11 July 2018. The Act imposes new obligations on operators and owners of “critical infrastructure assets” – Australia’s high risk major ports and electricity, water and gas utilities.

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Cost of cybercrime hits a new high according to the ACCC’s Scamwatch Report

By Cameron Abbott and Giles Whittaker

Australians are suffering more than ever to various cyber scams, with the ACCC’s ninth annual Targeting Scams Report confirming the ACCC received more than 200,000 scam reports costing a total of roughly $340 million during 2017, a $40 million increase from 2016. Whilst this increase is attributed to a variety of different cyber scams, including investment scams which totalled $64 million, an increase of more than 8%, the second largest contributor to the $340 million total losses was from dating and romance scams which amounted to $42 million. The search for love clearly has its costs. With the average loss suffered per victim totalling $6500, these losses are not inconsequential and continue to push cybersecurity into the forefront of both individuals and businesses daily activities.

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US Department of Homeland Security unveils five point strategy to combat cyber risk

By Cameron Abbott and Sarah Goegan

This week, the US Department of Homeland Security (DHS) released its Cybersecurity Strategy. The five “pillar” strategy will be executed by the DHS over the next five years, and aims to improve national cybersecurity risk management.

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Another Facebook app leaves anonymised data of 3 million users potentially exposed

By Cameron Abbott and Keely O’Dowd

Recent news reports have revealed that Facebook has been hit with another data scandal.

The anonymised data of approximately 3 million Facebook users has reportedly been published on a poorly protected website. This data was originally collected via a Facebook quiz app called “myPersonality”. The myPersonality app was developed as part of the “myPersonality project” run by academics at the University of Cambridge’s The Psychometrics Centre.

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Family Planning NSW the latest victim of cyber attacks

By Cameron Abbott and Allison Wallace

Up to 8000 clients of Family Planning New South Wales have been affected by a ransomware attack on the NGO’s website. No the sort of records people every want to see disclosed.

The website was hacked on ANZAC Day, with the personal information of clients who had contacted FPNSW  in the past 2 and a half years compromised – including details such as names, contact details and reasons for enquiries.

 

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US Court signals that proving data breach class actions will be difficult

By Andrew C. Glass, David D. Christensen, Cameron Abbott and Matthew N. Lowe

In the US, several attempts at class actions for those affected by a data breach have failed challenges in early procedural stages.  In Dieffenbach v. Barnes & Noble, Inc., 887 F.3d 826 (7th Cir. Apr. 11, 2018), the Seventh Circuit allowed a data breach class action to survive the pleadings stage.  At the same time, the Court indicated that the plaintiffs may have a tough time proving their claims on the merits or establishing that class certification is warranted.  At the end of the day, the Dieffenbach decision may prove to be less of a boon and more of a bust for plaintiffs in data breach class actions.  Although it may provide a means to get into court, the decision makes clear that obtaining a favorable outcome may be a “difficult task.”  For a full summary of the Dieffenbach decision please see our client alert here.

Facebook to release “clear history” tool

By Cameron Abbott and Keely O’Dowd

Facebook collects data on every “like” button you click on a website and the websites you visit that use Facebook pixel code.

At the F8 Conference, Mark Zuckerberg announced Facebook will release a new tool that will enable Facebook users to see and delete identifying information that Facebook has collected about them from other websites and apps. This new “clear history” tool will also allow users to turn off having this information stored with their Facebook account.

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Cambridge Analytica closes its doors

By Cameron Abbott and Sarah Goegan

Cambridge Analytica, the data company embroiled in the Facebook privacy scandal, is closing down. The firm’s parent company, SCL Elections, announced that it and some of its affiliates including Cambridge Analytica had commenced insolvency proceedings in the UK, and would immediately cease all operations.

In a statement, Cambridge Analytica said it had been “vilified” and the subject of “numerous unfounded accusations” about its activities, which it says are legal and widely accepted in online advertising. It blamed negative media coverage of allegations the company improperly used the data of 87 million Facebook users (which you can read about here, here and here) for a mass exodus of clients.

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Excel skills of English Council leads to the exposure of “hidden” personal information

By Cameron Abbott and Keely O’Dowd

The Kensington and Chelsea London Borough Council (Council) was recently fined £120,000 (approximately AUD$217,920) by the UK Information Commissioner’s Office (ICO) for the unauthorised processing of personal data belonging to 943 people who owned vacant properties in the Borough.

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DNA Profiles shared online lead to serial killer’s arrest

By Warwick Andersen, Rob Pulham and Sarah Goegan

Last week, California police arrested Joseph James DeAngelo, the man suspected of being the “Golden State Killer” or “East Area Rapist”, a serial killer and rapist who terrorised parts of California in the 1970s and 80s.

Of particular interest is how he came to be arrested, with the help of DNA matched on a genealogy website.

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