Category: Privacy, Data Protection & Information Management

1
Taking its Toll: Toll Shuts Down IT Systems Citing Cyber-Security Incident
2
Post-Brexit data protection – where are we now?
3
“Totally Clueless”: Dating app Grindr reported for breach of privacy rules
4
Pushing for Gold: Organisers of the Tokyo 2020 Olympics adopting Facial Recognition Technology and Robotics to Ensure Peak (Security) Performance
5
Poker Face: Problem Gamblers Being Identified through Facial Recognition Technology
6
You Can’t Throw the (Face)Book at Them: Affected Users Unable to Pursue Damages Claim against Facebook
7
A JEDI Uses the Force for Knowledge and Defense: The Pentagon awards US$10billion JEDI cloud deal to Microsoft
8
California’s answer to the GDPR – the California Consumer Privacy Act kicks in on 1 Jan 2020
9
Proposed Regulations under the California Consumer Privacy Act: A Step in the Right Direction but Far from the Destination
10
Lead the Way: Liechtenstein and Bavarian Data Protection Authorities Publish Guidance on Data Access and Security

Taking its Toll: Toll Shuts Down IT Systems Citing Cyber-Security Incident

By Cameron Abbott, Max Evans and Florence Fermanis

We have our first large scale data breach of the decade. Toll, a transport and logistics network which delivers up to 95 million items globally every year, has temporarily shut down a number of its IT systems as a precautionary measure after suffering a cyber-security breach on Friday, according to an article by the SMH.

A spokesperson has indicated that Toll has cybersecurity experts working closely with their IT team on the breach, and is taking careful internal measures so that systems can be brought back up online in a “controlled and secured manner”. Additionally, Toll has initiated business continuity plans to minimise the disturbance brought on by the breach. While any official numbers of affected customers and the exact nature and extent of the breach have not yet been released by Toll, The Register has reported that the breach has reportedly affected customers in Australia, India and the Philippines.

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Post-Brexit data protection – where are we now?

By Cameron Abbott and Michelle Aggromito

After years of political squabble and delays, Brexit day finally arrived on 31 January 2020. But what does it mean when we talk about the UK’s withdrawal from the EU and how will data protection regulation and compliance change?

There will be little change during the transition (also known as “implementation”) period that is expected to end on 31 December 2020. During this period, EU law will continue to apply in the UK, including the EU General Data Protection Regulation (GDPR), after which the GDPR will be converted into UK law.

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“Totally Clueless”: Dating app Grindr reported for breach of privacy rules

By Cameron Abbott, Max Evans and Florence Fermanis

Dating apps, for many young people, are a fact of life. Meeting someone these days in real-life rather than through a simple swipe right appears to have become the exception, belonging more to any number of 90s teen “romcoms” than it does to real life.

According to an article by Reuters however, in recent times dating app Grindr has been the subject of a complaint by the Norwegian Consumer Council (NCC) in relation to a breach of privacy rules as set out in the European Union’s General Data Protection Regulation, implemented in 2018.

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Pushing for Gold: Organisers of the Tokyo 2020 Olympics adopting Facial Recognition Technology and Robotics to Ensure Peak (Security) Performance

By Cameron Abbott, Max Evans and James Gray

It seems that Facial Recognition Technology (FRT) is the flavour of the month. Recently, we blogged about the adoption of FRT in the SkyCity Adelaide Casino to identify barred gamblers, which comes following the commencement of Perth’s 12 month trial of FRT conducted in co-operation with law enforcement agencies. However, on an international stage, organisers of the 2020 Tokyo Olympics have begun testing of FRT access systems to boost security, according to a Report by the Australian Financial Review.

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Poker Face: Problem Gamblers Being Identified through Facial Recognition Technology

By Cameron Abbott, Max Evans and James Gray

Facial Recognition Technology (FRT) is being used by the popular SkyCity Adelaide Casino to detect barred gamblers, according to a report by Adelaide Now.

The FRT is capable of identifying even those attempting to conceal their identities with hats and sunglasses, with one staff member detected by her smile. According to the report, casino staff escorted barred gamblers off premises following identification using the FRT, before asking the relevant gambler whether they are in contact with their counsellors. The report states that detected problem gamblers were almost always appreciative of staff’s intervention.

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You Can’t Throw the (Face)Book at Them: Affected Users Unable to Pursue Damages Claim against Facebook

By Cameron Abbott, Max Evans and James Gray

A US federal judge has ruled that the 29 million Facebook users affected by the September 2018 data breach may not seek damages as a remedy, but can only pursue the enforcement of better security practices at Facebook, according to a report by Reuters. Judge Alsup of the US District Court stated that Facebook’s repetitive losses of users’ privacy indicated a long-term need for supervision, which comes in addition to prior judgment which indicated that Facebook’s views about user’s privacy expectations were “so wrong”.

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A JEDI Uses the Force for Knowledge and Defense: The Pentagon awards US$10billion JEDI cloud deal to Microsoft

By Cameron Abbott and Tan Xin Ya

In October, the US Department of Defence (DoD) awarded the Joint Enterprise Defence Infrastructure (JEDI) contract to Microsoft to overhaul its IT infrastructure – a huge show of confidence in infrastructure as a service (IaaS).

The DoD’s award of the 10-year, $10 billion JEDI contract to Microsoft is an endorsement of the secure nature of Azure, Microsoft’s cloud computing service. Under this deal, Microsoft’s task is to create a globally responsive network and monitor ongoing issues such as bugs and breaches. Part of the deal involves moving sensitive data, including classified mission operations, to Microsoft Azure. The system must be fortified with robust cyber security and encryption as Microsoft bears the important responsibility for the defence of the US.

The DoD’s decision to move to the cloud is a clear signal that IaaS has come of age, considering when such a security sensitive operation is able to use the service.

California’s answer to the GDPR – the California Consumer Privacy Act kicks in on 1 Jan 2020

By Cameron Abbott ,Tan Xin Ya and John ReVeal

In just a short few weeks, a monumental change of privacy regulations will kick in for US businesses. On 1 January 2020, the California Consumer Privacy Act (CCPA) will come into effect, with a compliance deadline at the end of January 2020, and signifies a shift in tone in the privacy sphere for the US – with a move closer to global privacy norms, and away from the perspective that personal data is a company asset.

A series of data disasters such as Facebook’s Cambridge Analytica scandal and the massive Equifax breach left many Americans feeling powerless. Regulators stepped in after the fact to punish the companies, but at the time, there was little that U.S. consumers could do to prevent data breaches. Under the CCPA, Americans (well, Californians, mostly) move a step closer to general privacy protection. However, the Act only targets larger companies or those with prolific data use so there is still a long way to go to being general protection.

In October, the California Governor signed five bills to amend CCPA to provide some regulatory relief for businesses when the CCPA comes into effect. For a detailed analysis on the amendments, we refer you to Volume 2 of our colleagues’ Volume 2 of The Privacists available at the K&L Gates Hub.

Proposed Regulations under the California Consumer Privacy Act: A Step in the Right Direction but Far from the Destination

By Cameron Abbott and Max Evans

We recently blogged about the intention of Californian lawmakers to enact stringent privacy regulations through the California Consumer Privacy Act (CCPA). In particular, we noted the useful guidance provided by our colleagues over at The Privacist on the impact of potential contingencies for organisations.

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Lead the Way: Liechtenstein and Bavarian Data Protection Authorities Publish Guidance on Data Access and Security

By Cameron Abbott and Max Evans

Drawing on the requirements imposed in respect of privacy and data protection by the General Data Protection Regulation, Liechtenstein and Bavaria have published some useful guidance on several key elements of the relevant regulation.

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