Tag: GDPR

1
Australian Privacy Act Under Review
2
ICO issues record £20 million fine to British Airways
3
EU Court of Justice Invalidates Privacy Shield
4
easyJet hack: Nine million customer records stolen in “highly sophisticated” cyberattack
5
Post-Brexit data protection – where are we now?
6
Lead the Way: Liechtenstein and Bavarian Data Protection Authorities Publish Guidance on Data Access and Security
7
Insufficiency meets Punishment: Polish DPA issues largest fine for Insufficient Security and Organisational Measures
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Sorry Sir, Our Data Breach Response Plan is Out of Stock
9
Eureka! California Just Adopted a Strong Consumer Privacy Law
10
Data breach penalties could cost U.K. companies £122B in 2018

Australian Privacy Act Under Review

By Cameron Abbott, Rob Pulham and Keely O’Dowd

In December 2019, the Australian Government announced it would conduct a review of the Privacy Act 1988 (Cth).

A year has almost passed and finally the Australian Government has publicly released details about the review. On 30 October 2020, the Australian Government released the Terms of Reference of the review. In particular, the review will cover:

  • The scope and application of the Privacy Act
  • Whether the Privacy Act effectively protects personal information and provides a practical and proportionate framework for promoting good privacy practices
  • Whether individuals should have direct rights of action to enforce privacy obligations under the Privacy Act
  • Whether a statutory tort for serious invasions of privacy should be introduced into Australian law
  • The impact of the notifiable data breach scheme and its effectiveness in meeting its objectives
  • The effectiveness of enforcement powers and mechanisms under the Privacy Act and how they interact with other Commonwealth regulatory frameworks
  • The desirability and feasibility of an independent certification scheme to monitor and demonstrate compliance with Australian privacy laws.
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ICO issues record £20 million fine to British Airways

By Cameron Abbott and Rebecca Gill

The UK Information Commissioner’s Office (ICO) has fined British Airways £20 million, the ICO’s largest fine to date, for failing to protect the personal and financial details of more than 400,000 of its customers.

In a statement published online on 16 October 2020, the ICO stated that its investigation had found that British Airways was “processing a significant amount of personal data without adequate security measures in place”. This failure is said to have breached data protection laws and, subsequently, the airline was the subject of a cyberattack in 2018, which was not detected for more than two months.

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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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easyJet hack: Nine million customer records stolen in “highly sophisticated” cyberattack

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

It has been reported that hackers have accessed and stolen details of about 9 million customers of British airline easyJet. Approximately 2,208 easyJet customers have also had their credit card details accessed and stolen.

easyJet reported that it became aware of this “highly sophisticated” cyberattack in late January this year. After an investigation, the airline recently disclosed that the details accessed and stolen by the hackers included email addresses, travel information, and credit card data including CVV numbers.

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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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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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Insufficiency meets Punishment: Polish DPA issues largest fine for Insufficient Security and Organisational Measures

By Cameron Abbott and Max Evans

Further to the Facebook and Tesco scandals, and the apparent statistic increase of enforcement fines issued, the Polish Data Protection Authority has issued a landmark fine of €645,000 against online retail company morele.net for insufficient security and organisational measures violating data confidentiality and integrity principles prescribed in the EU’s General Data Protection Regulation.

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Sorry Sir, Our Data Breach Response Plan is Out of Stock

By Cameron Abbott, Michelle Aggromito and Max Evans

We are living in an era of online shopping, where consumers are more willing to hand over personal information for goods and services, and are less suspicious of whom they are divulging their personal information to. As a result, online businesses are in possession of a vast amount of their customers’ personal information. The recent hack of Sneaker Platform Stock-X reminds us yet again of the importance of businesses maintaining comprehensive and up to date security processes, and in particular, the necessity of having an adequate data breach response plan in place.

Stock-X, a platform for the re-sale of sneakers and apparel, was recently hacked, exposing over six million users’ personal data, including their real name, username, password, shoe size and trading currency. According to a Report by TechCrunch, Stock-X’s initial response was to reset customer passwords, stating that it was due to system updates. A spokesperson for Stock-X later disclosed to TechCruch that Stock-X was alerted to “suspicious activity”. TechCrunch reports; however, an unnamed data breach seller had contacted it claiming more than 6.8 million records were stolen from Stock-X in May, and that the records had been put up for sale and sold on the dark web for $300.

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Eureka! California Just Adopted a Strong Consumer Privacy Law

By Susan P Altman

While the rest of us were still recovering from the May 25 effective date of the EU’s General Data Protection Regulation (GDPR), California, the most populous and largest economy of any of the United States, confidently adopted a broad consumer privacy law. The California Consumer Privacy Act of 2018 (CCPA) was enacted June 28 and becomes operative on January 1, 2020. Unlike existing industry-specific U.S. privacy laws, the CCPA has a broad overall scope, more like the GDPR. It ensures California residents the right to know what information about them is being collected and sold or disclosed, to reject the sale of their personal information, to access the information, and to receive equal service and price, even if they exercise their privacy rights.

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Data breach penalties could cost U.K. companies £122B in 2018

By Cameron Abbott and Rebecca Murray

U.K. businesses could face up to £122 billion in penalties for data breaches when EU legislation comes into effect in 2018, according the Payment Card Industry Security Standards Council (PCI SSC). The EU’s General Data Protection Regulation (GDPR) will introduce fines for groups of companies of to €20 million or 4% of annual worldwide turnover, significantly higher than the current maximum of £500,000. This means that if data breaches remain at 2015 levels, the fines paid to the European regulator could see a near 90-fold increase, from £1.4 billion in 2015 to £122 billion, the PCI SSC calculated. For large U.K. organisations, this could see regulatory fines for data breaches soar to £70 billion, more than a 130-fold increase, rising to an average of £11 million per organisation. Regulatory fines for SMEs could see a 57-fold increase, rising to £52 billion, averaging £13,000 per SME. Read more at ComputerWeekly.com by clicking here.

 

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