Category: New developments

1
EU Court of Justice Invalidates Privacy Shield
2
Privacy Professionals download COVIDSafe App
3
It’s Trace Time! The COVIDSafe App is open for business – Part II
4
It’s Trace Time! The COVIDSafe App is open for business – Part I
5
“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
6
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
7
Zooming In: “Zoom’s” Significant Privacy and Data Security Risks brought to Light Again (and Again)
8
Forgotten Issues: What Business Continuity Planning in the COVID-19 Era Isn’t Contemplating
9
Doctor, how are we tracking? China, South Korea, Singapore and Thailand Using Smart Phone Applications to Halt the Spread of Corona Virus
10
Uniformity of Law II: NSW Government pledges to introduce Mandatory Data Breach Reporting in respect to State Government Agencies

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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Forgotten Issues: What Business Continuity Planning in the COVID-19 Era Isn’t Contemplating

By Cameron Abbott, Warwick Andersen, and Max Evans

As the world grinds to a halt following the dispersion of COVID-19 and businesses around the globe experience a significant downturn, more and more businesses are turning towards their Business Continuity Plan (BCP) in order to mitigate the potential impacts of this worldwide emergency on business sustainability. However, a key aspect of BCP’s is that they encapsulate the full scale of collateral issues that may arise from such an emergency.

From a technology perspective, BCP’s need to consider access. This issue is twofold: being access to premises in which businesses operate in order to correct system defects and system outages, as well as access to external premises that provide technology services such as data storage or data security services.

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Doctor, how are we tracking? China, South Korea, Singapore and Thailand Using Smart Phone Applications to Halt the Spread of Corona Virus

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

A slew of Asian countries have begun to use telecommunications networks, Smart Phone Applications and messaging services to assign, inform, track and/or monitor individuals which may have contracted COVID-19, including those which are required to undertake a process of self-isolation, according to articles from Wired, Channel News Asia and Bangkok Post.

In China, apps such as WeChat and AliPay have been utilised to assign individuals health codes, referred to as colour codes, to determine whether they should undertake a process of self-isolation. According to the NY Times a green code enables its holder to move about unrestricted, a yellow code asks the individual to stay home for seven days whilst a red code requires a two-week quarantine. In South Korea, government authorities have sent out texts detailing the movements of specific people infected with COVID in addition to using a smartphone app to ensure people who are required to self-isolate are staying home.

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Uniformity of Law II: NSW Government pledges to introduce Mandatory Data Breach Reporting in respect to State Government Agencies

Cameron Abbott, Warwick Andersen and Max Evans

Following on from the consultation opened by the NSW Government in July 2019 (the subject of a previous blog), NSW Attorney-General Mark Speakman has committed to introducing a mandatory data breach scheme, according to an article by ITNews.

At present, neither NSW privacy laws nor the notifiable data breach scheme under Part IIIC of the Privacy Act 1988 (Cth) require public sector agencies in NSW to notify the NSW Privacy Commissioner and affected individuals where a data breach creates a risk of serious harm. This led to a consultation conducted by the Department of Communities and Justice in late 2019, which revealed “overwhelming public support” for the introduction of a mandatory data breach scheme in NSW, with the NSW Government “sharing a view” that the relevant scheme should be introduced.

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