Category: New developments

1
Less than two weeks to go: New Zealand Privacy Act commences 1 December 2020
2
No news is good news…not always!
3
From voluntary action and collaboration to legislation and classified capabilities: Australia’s Cyber Security Strategy 2020 released
4
EU Court of Justice Invalidates Privacy Shield
5
Privacy Professionals download COVIDSafe App
6
It’s Trace Time! The COVIDSafe App is open for business – Part II
7
It’s Trace Time! The COVIDSafe App is open for business – Part I
8
“This is a public health app, it’s not a surveillance app”: Review finds “nothing particularly disturbing” about the Federal Government’s coronavirus tracing app
9
Let’s Track This Through: Tracking Data at the Epicentre of Efforts to Stop COVID Outbreak as Federal Government Considers Implementing Opt-In Mobile Application
10
Zooming In: “Zoom’s” Significant Privacy and Data Security Risks brought to Light Again (and Again)

Less than two weeks to go: New Zealand Privacy Act commences 1 December 2020

By Cameron Abbott and Keely O’Dowd

On 1 December 2020, the New Zealand Privacy Act 2020 will come into operation and repeal and replace the Privacy Act 1993.

The Privacy Act 2020 modernises New Zealand’s privacy laws and seeks to keep pace with international standards and technology. While New Zealand’s new privacy legislation is not as onerous as other international privacy laws, such as the GDPR, it still introduces significant changes including:

  • mandatory data breach notification;
  • new investigative and regulatory powers for the New Zealand Privacy Commissioner; and
  • new criminal offences and penalties, including fines of up to $10,000.
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No news is good news…not always!

By Cameron Abbott, Michelle Aggromito and Max Evans

The Commonwealth Government is proposing to introduce a controversial new mandatory code that intends to regulate digital platforms and their distribution of news content.

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From voluntary action and collaboration to legislation and classified capabilities: Australia’s Cyber Security Strategy 2020 released

By Cameron Abbott, Keely O’Dowd and Rebecca Gill

In July this year, we blogged about the Australian Government’s plan to release Australia’s Cyber Security Strategy (Strategy). On 6 August 2020, the Strategy was released after consultation with the public and industry actors.

The Strategy will invest $1.67 billion over the next 10 years – the largest ever financial commitment to cyber security – to create a more secure online world for Australians, our businesses and the essential services which we depend upon. This will be achieved through the following:

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EU Court of Justice Invalidates Privacy Shield

By Cameron Abbott, Claude Etienne-Armingaud, Rob Pulham, Michelle Aggromito and Keely O’Dowd

On the morning of 16 July 2020, in a significant decision of the Court of Justice of the European Union (CJEU), the Privacy Shield was held to be invalid.

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Privacy Professionals download COVIDSafe App

By Cameron Abbott, Warwick Andersen, Rob Pulham, Michelle Aggromito and Allison Wallace

A number of legal professionals, with significant experience in the field of privacy law, have signed an open letter to encourage individuals to download the Commonwealth Government’s COVIDSafe App.

Among the privacy lawyers are members of K&L Gates own Australian privacy team (and the authors of this blog post) Cameron Abbott, Rob Pulham, Warwick Andersen, Michelle Aggromito and Allison Wallace.

The open letter is signed by members in their personal capacity, and signals that people who care about privacy a lot can still think that supporting the health and economic objectives of the App is more important at this time.

As at the date of this post, more than 5 million people have downloaded the App, with more needed to reach the Commonwealth Government’s target of 40% of the Australian population.

It’s Trace Time! The COVIDSafe App is open for business – Part II

By Cameron Abbott, Warwick Andersen, Rob Pulham and Michelle Aggromito

In Part I of this blog, we briefly touched on some of the safeguards that the Commonwealth Government has indicated that they will implement to address privacy concerns. Those proposed new safeguards are intended to satisfy many of the privacy concerns. However, there are additional safeguards that have been implemented in connection with the functionality of the App, which we focus on in Part II here.

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It’s Trace Time! The COVIDSafe App is open for business – Part I

By Cameron Abbott, Warwick Andersen, Rob Pulham and Michelle Aggromito

The Commonwealth Government released its COVIDSafe App for download at 6.00pm AEST on Sunday 26 April, and it surpassed 1.13 million downloads within the first 12 hours. This was far greater than expectations, with Health Minister Greg Hunt commenting that, at best, the hope was that “we might get to 1 million in five days.”

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“This is a public health app, it’s not a surveillance app”: Review finds “nothing particularly disturbing” about the Federal Government’s coronavirus tracing app

By Cameron Abbott, Rob Pulham, Michelle Aggromito and Rebecca Gill

The Federal Government’s coronavirus tracing app has raised some privacy concerns amongst the Australian public. Even some of our government Ministers have ruled out downloading the app due to such concerns! However, the independent cyber security body tasked with reviewing the app has said that it has found no major concerns with it.

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Let’s Track This Through: Tracking Data at the Epicentre of Efforts to Stop COVID Outbreak as Federal Government Considers Implementing Opt-In Mobile Application

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

We previously blogged about the plethora of Asian countries who are using telecommunications networks, smart phone applications and messaging services to inform, track and monitor individuals who may have contracted COVID-19. It appears that Australia’s eyes are on similar technology opportunities, as according to an article from the SMH, the Federal Government will ask Australians “within weeks” to opt in and sign up for a mobile application that uses tracking data to alert individuals as to their risks of contracting COVID-19.

According to the article, the relevant application will monitor the movements of participants to inform individuals whether they have been close to someone already infected with COVID-19. The application also has the functionality to enable someone who has contracted the virus to notify health authorities and ensure that an alert is sent to anyone he or she has been in contact with over the previous 24 hours. Both of these processes are part of what is known as “contact tracing”.

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Zooming In: “Zoom’s” Significant Privacy and Data Security Risks brought to Light Again (and Again)

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

It hasn’t even been 10 days since our previous Blog on Zoom, which highlighted a number of privacy and data security issues prevalent in the use of the popular telecommunications software, and already further privacy issues have been alleged. Let’s put these allegations under the magnifying glass:

Disclosure to Facebook: Even If You don’t have an Account

Firstly, Vice reports that the iOS version of the Zoom app transfers analytics data to Facebook, even if Zoom users don’t have a Facebook account, without disclosing as such in its Privacy Policy.

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