Data Protection (Privacy)

Communications & Technology

Communications & Technology » Data Protection (Privacy)

The proliferation of social media and the increasing use of cloud technologies have forced organisations to take heed of the changing dynamics of a newly converging media frontier. Like it or not, constantly-evolving technology comes with its own set of privacy issues.

Today’s biggest privacy issues include the ability to monitor and control data -- particularly personal information -- used "in the cloud", and using cookies to market to online users and drive behavioural advertising. We’ve also seen increased demands for international privacy audits to determine the Australian position for multinational organisations.

Corrs helps clients stay on top of privacy issues, including using personal information for conducting lotteries, running promotions and future marketing. We also advise international organisations on transferring employee data overseas and can offer guidance on using cookies and other automatically generated software in behavioural advertising.

Our Experts

DIXIT Arvind website grey SIZED TH

Arvind Dixit

Special Counsel Location Melbourne Profile
KLEIDON Emily website grey SIZED TH

Emily Kleidon

Senior Associate Location Melbourne Profile
Eugenia Kolivos.jpg

Eugenia Kolivos

Partner Location Sydney Profile
WHEELAHAN Frances website grey SIZED TH

Frances Wheelahan

Partner Location Melbourne Profile
THOMAS Georg website grey SIZED TH

Georg Thomas

National Security & Risk Manager Location Melbourne Profile
Helen Carke.jpg

Helen Clarke

Partner Location Brisbane Profile
James North.jpg

James North

Partner Location Sydney Profile
GAYJustinwebsitegreySIZEDTH.jpg

Justin Gay

Special Counsel Location Melbourne Profile
DO ROZARIO Michael website grey SIZED TH

Michael do Rozario

Partner Location Sydney Profile
ANDERSON Peter website grey fake SIZED TH

Peter Anderson

Special Counsel Location Brisbane Profile
CATANIAPhilipwebsiteTH.jpg

Philip Catania

Partner Location Melbourne Profile
Magness Phillip Website SIZED TH

Phillip Magness

National Forensic Technology Manager Location Melbourne Profile

Richard Pascoe

Consultant Location Sydney Profile

Our Experience

Privacy law changes for Financial Services

With major changes pending in Australian privacy laws, Corrs has been appointed to act as sole external legal privacy adviser to one of Australia’s largest financial services groups, incorporating banking, insurance and wealth management.

Corrs is working on an ongoing basis to help the Group manage its obligations to comply with the privacy law changes which take effect from March 2014. We are advising across a wide range of issues including on privacy policies, credit reporting, direct marketing activities, internal privacy procedures and service arrangements with suppliers. 

More

Our Thinking

Could cyber security class actions be on their way to Australia?

While Australian courts have not yet been faced with a cyber security class action, the increase in high-profile data breaches and cyber attacks globally indicates it will only be a matter of time.

More

‘Heroic’ or just plain risky? Twitter’s approach to proceedings backfires

A recent Supreme Court of New South Wales case involving Twitter is a timely reminder for any online platforms that may publish confidential information.

More

Forget Terminator: Cyborgs have rights too (Part Two)

In the second of our two-part look at cyborg technology, we consider how Australia might navigate the potential social and legal tensions arising from human and machine integration.

More

Forget Terminator: Cyborgs have rights too (Part One)

Cyborgs are no longer a sci-fi curiosity. In the first of our two-part look at this technology, we consider how Australia might navigate surveillance and privacy issues that will inevitably arise.

More

Cyber Resilience: The Role of the General Counsel

General Counsel have a key role to play in ensuring their organisations are cyber resilient.

More

Brand new cybersecurity regulations are now in effect in New York: How might they affect your organisation?

They’ve been hailed as a world first. How will New York’s new cybersecurity regulations shape legislation in Australia?

More

Mandatory data breach notification: how will the new laws in Australia impact your business?

The new mandatory data breach notification laws in Australia are likely to take effect in the next 12 months. So, it’s time for organisations to start preparing.

More

Watching the Watchman – Full Federal Court rejects Australian Privacy Commissioner’s stance on metadata

In a decision that has important ramifications for the regulation of metadata in Australia, the Full Federal Court has dismissed Telstra’s appeal of the Administrative Appeals Tribunal’s decision in the Ben Grubb metadata case.

More

Privacy New Year’s Resolution: Updating your privacy policy

Time to review your Privacy Policy? Here’s what you need to consider in an ever-changing technological environment.

More

Review of Queensland Privacy and Right to Information Legislation

Do Queensland’s Privacy and Right to Information laws need to change? Government agencies and service providers can have their say – but they’ll need to move quickly.

More

Compulsory data breach notification will also highlight contractual obligations

Changes to privacy law requiring notification of serious breaches of personal information will also have consequences for contractual relationships and corporate data security.

More

Drone Use in Australia: What are the Privacy and Copyright Issues?

The complex regulatory regime surrounding the use of drones in Australia can give rise to significant challenges, particularly for companies wishing to integrate drones into their day-to-day activities.

More

Metadata - It's not about you after all

On 18 December 2015, the Administrative Appeals Tribunal held that metadata does not constitute Personal Information under the Privacy Act, thereby overturning the Privacy Commissioner’s decision that Telstra hand over personal mobile data to those

More

General Counsels’ top priority for 2016: Managing cyber security

Data security is top of the “worry” list for general counsel and directors.

More

Implementation issues with Australia’s new data retention laws

A recent survey found only 16% of telcos and ISPs considered themselves ready to retain and encrypt data in accordance with the new data retention laws.

More

Is anywhere safe? Facebook privacy challenge highlights risks of transferring personal data overseas

Insights for Australian companies into overseas data transfer laws, in light of challenges to the EU / US safe harbour framework.

More

Health privacy in Australia – New OAIC guidance will help health providers navigate the legal landscape

We provide an update on new guidance in the complex landscape of health privacy in the digital age.

More

Eight steps to managing security breaches when storing data in the cloud

Storing data in the cloud presents serious challenges for companies in the event of a data security breach.

More

Data retention regime - Soon to become reality

Telcos and ISPs will have to retain customer metadata for up to two years under the new law.

More

Lessons from Airbnb and Uber privacy incidents: Gaining trust through privacy compliance

People are increasingly reluctant to hand-over personal information, unless they trust that it will be protected.

More

Is your Privacy Policy compliant with Australian privacy laws?

Are you ready for the Privacy Commissioner’s next privacy compliance sweep?

More

Is your mobile app “privacy friendly”?

Mobile apps are the new “must have” tool in any mobile marketing strategy but be aware of their privacy issues.

More

No love lost: Five lessons to be learned from Cupid Media’s privacy breach

The Privacy Commissioner found Cupid Media failed to take reasonable steps to secure its users’ personal information. What are those reasonable steps?

More

Privacy, profiles and targeted online advertising - Don’t risk falling foul of the APPs

Collecting personal information to tailor online advertising to individuals raises distinct privacy issues.

More

Google fined $1.32 million for breach of privacy: Implications for your privacy compliance program

The ‘right to be forgotten’ is worth remembering.

More

ALRC's 'Invasions of privacy' reforms: Protecting privacy at the expense of freedom of expression

A proposed privacy change may stop media defendants being able to use public interest as a defence for invasions of privacy.

More

Serious invasions of privacy by the media: ALRC calls for increased media regulator powers

A new proposal would give the ACMA power to award compensation for losses caused by a broadcaster invading an individual’s privacy.

More

Offshoring data: The new privacy laws

New laws govern the ‘disclosure’ by Australian organisations of personal information to overseas recipients from 12 March 2014.

More Download

Timely guidance from the Privacy Commissioner - APP guidelines released

As companies finalise their compliance preparations ahead of Australia’s privacy law reforms taking effect in March 2014, the Privacy Commissioner has released its guidelines to the new Australian Privacy Principles.

More

Major changes to Australia's Privacy Act: Why they matter for foreign IT suppliers doing business in Australia

On 12 March 2014 extensive changes to Australia’s privacy laws will come into effect.

More

Privacy law changes start on 12 March 2014

If you’re not ready for the privacy changes, here are five tips to reduce your risk.

More

New privacy law - How to get compliant

Tougher privacy rules start in March 2014 - Are you ready?

More

Privacy reform is getting serious - Mandatory notification proposed for “serious data breach”

Several high profile data breach incidents have highlighted both the ramifications of data security breaches and the concerns about the failure of organisations to notify affected individuals and regulators of data breaches.

More

Privacy laws are affecting Australia’s cloud industry

Cloud computing providers are struggling to determine their obligations under Australia’s Privacy Act.

More

New principles for privacy - Compliance is key to new privacy laws

Proposed changes to Australian privacy laws will have significant impacts on business, some of which they may not be expecting.

More

Have your say on mandatory privacy breach notifications

The Government has now turned its attention to the second stage of passing passing the Privacy Amendment Bill 2012, which will address the remaining 98 recommendations in the ALRC report.

More

Kate Middleton obtains injunction in relation to topless photos - But can the Palace contain further publication of the images in the digital age?

The unauthorised pictures of the Duchess come at a time of renewed debate on privacy laws in the UK and when privacy reform in Australia is imminent.

More

Privacy reform in Australia is now imminent

As we have previously reported, the long awaited Privacy Amendment Bill 2012 was introduced to Parliament earlier this year.

More

Social media explosion leaves defamation law at the starting gate

The social media phenomenon is testing our laws that protect privacy and reputation.

More

On the road to privacy law reform

On Wednesday 23rd May, the long awaited Privacy Amendment (Enhancing Privacy Protection) Bill 2012 was introduced to Parliament, marking a significant step forward in the process of privacy law reform.

More

Copyright and the Digital Economy - ALRC inquiry needs broader scope

Australians need a copyright system that works. One they can respect. Our copyright laws need to provide certainty, encourage innovation, and enhance the free flow of information.

More

Privacy law reform gaining momentum

Significant developments in Privacy Law reforms in Australia have occurred during Privacy Awareness Week, with the Australian Government announcing it will introduce major legislative reform of the Privacy Act.

More

Social media - Manage the risks and leverage the power

The power of social media has revolutionised the way consumers connect with brands, connect with other consumers to discuss brands, and source other consumers’ opinions about brands. But what are the legal issues you should be aware of?

More

Convergence Review: Federal Court throws Committee Optus TV Now curve-ball

The enormity and complexity of the task of regulating media and content services in a converged environment was thrown into sharp relief by the Federal Court’s recent decision in the Optus “TV Now” case.

More

Convergence Review Interim Report: recommendations risk further uncertainty

Expectations for the Convergence Review are high – that it will produce a new regulatory framework that is fair, flexible and doesn’t stifle innovation.

More Download

Our Experience

Privacy law changes for Financial Services

With major changes pending in Australian privacy laws, Corrs has been appointed to act as sole external legal privacy adviser to one of Australia’s largest financial services groups, incorporating banking, insurance and wealth management.

Corrs is working on an ongoing basis to help the Group manage its obligations to comply with the privacy law changes which take effect from March 2014. We are advising across a wide range of issues including on privacy policies, credit reporting, direct marketing activities, internal privacy procedures and service arrangements with suppliers. 

Our Thinking

Could cyber security class actions be on their way to Australia?

While Australian courts have not yet been faced with a cyber security class action, the increase in high-profile data breaches and cyber attacks globally indicates it will only be a matter of time.

‘Heroic’ or just plain risky? Twitter’s approach to proceedings backfires

A recent Supreme Court of New South Wales case involving Twitter is a timely reminder for any online platforms that may publish confidential information.

Forget Terminator: Cyborgs have rights too (Part Two)

In the second of our two-part look at cyborg technology, we consider how Australia might navigate the potential social and legal tensions arising from human and machine integration.

Forget Terminator: Cyborgs have rights too (Part One)

Cyborgs are no longer a sci-fi curiosity. In the first of our two-part look at this technology, we consider how Australia might navigate surveillance and privacy issues that will inevitably arise.

Cyber Resilience: The Role of the General Counsel

General Counsel have a key role to play in ensuring their organisations are cyber resilient.

Brand new cybersecurity regulations are now in effect in New York: How might they affect your organisation?

They’ve been hailed as a world first. How will New York’s new cybersecurity regulations shape legislation in Australia?

Mandatory data breach notification: how will the new laws in Australia impact your business?

The new mandatory data breach notification laws in Australia are likely to take effect in the next 12 months. So, it’s time for organisations to start preparing.

Watching the Watchman – Full Federal Court rejects Australian Privacy Commissioner’s stance on metadata

In a decision that has important ramifications for the regulation of metadata in Australia, the Full Federal Court has dismissed Telstra’s appeal of the Administrative Appeals Tribunal’s decision in the Ben Grubb metadata case.

Privacy New Year’s Resolution: Updating your privacy policy

Time to review your Privacy Policy? Here’s what you need to consider in an ever-changing technological environment.

Review of Queensland Privacy and Right to Information Legislation

Do Queensland’s Privacy and Right to Information laws need to change? Government agencies and service providers can have their say – but they’ll need to move quickly.

Compulsory data breach notification will also highlight contractual obligations

Changes to privacy law requiring notification of serious breaches of personal information will also have consequences for contractual relationships and corporate data security.

Drone Use in Australia: What are the Privacy and Copyright Issues?

The complex regulatory regime surrounding the use of drones in Australia can give rise to significant challenges, particularly for companies wishing to integrate drones into their day-to-day activities.

Metadata - It's not about you after all

On 18 December 2015, the Administrative Appeals Tribunal held that metadata does not constitute Personal Information under the Privacy Act, thereby overturning the Privacy Commissioner’s decision that Telstra hand over personal mobile data to those

General Counsels’ top priority for 2016: Managing cyber security

Data security is top of the “worry” list for general counsel and directors.

Implementation issues with Australia’s new data retention laws

A recent survey found only 16% of telcos and ISPs considered themselves ready to retain and encrypt data in accordance with the new data retention laws.

Is anywhere safe? Facebook privacy challenge highlights risks of transferring personal data overseas

Insights for Australian companies into overseas data transfer laws, in light of challenges to the EU / US safe harbour framework.

Health privacy in Australia – New OAIC guidance will help health providers navigate the legal landscape

We provide an update on new guidance in the complex landscape of health privacy in the digital age.

Eight steps to managing security breaches when storing data in the cloud

Storing data in the cloud presents serious challenges for companies in the event of a data security breach.

Data retention regime - Soon to become reality

Telcos and ISPs will have to retain customer metadata for up to two years under the new law.

Lessons from Airbnb and Uber privacy incidents: Gaining trust through privacy compliance

People are increasingly reluctant to hand-over personal information, unless they trust that it will be protected.

Is your Privacy Policy compliant with Australian privacy laws?

Are you ready for the Privacy Commissioner’s next privacy compliance sweep?

Is your mobile app “privacy friendly”?

Mobile apps are the new “must have” tool in any mobile marketing strategy but be aware of their privacy issues.

No love lost: Five lessons to be learned from Cupid Media’s privacy breach

The Privacy Commissioner found Cupid Media failed to take reasonable steps to secure its users’ personal information. What are those reasonable steps?

Privacy, profiles and targeted online advertising - Don’t risk falling foul of the APPs

Collecting personal information to tailor online advertising to individuals raises distinct privacy issues.

Google fined $1.32 million for breach of privacy: Implications for your privacy compliance program

The ‘right to be forgotten’ is worth remembering.

ALRC's 'Invasions of privacy' reforms: Protecting privacy at the expense of freedom of expression

A proposed privacy change may stop media defendants being able to use public interest as a defence for invasions of privacy.

Serious invasions of privacy by the media: ALRC calls for increased media regulator powers

A new proposal would give the ACMA power to award compensation for losses caused by a broadcaster invading an individual’s privacy.

Offshoring data: The new privacy laws

New laws govern the ‘disclosure’ by Australian organisations of personal information to overseas recipients from 12 March 2014.

Timely guidance from the Privacy Commissioner - APP guidelines released

As companies finalise their compliance preparations ahead of Australia’s privacy law reforms taking effect in March 2014, the Privacy Commissioner has released its guidelines to the new Australian Privacy Principles.

Major changes to Australia's Privacy Act: Why they matter for foreign IT suppliers doing business in Australia

On 12 March 2014 extensive changes to Australia’s privacy laws will come into effect.

Privacy law changes start on 12 March 2014

If you’re not ready for the privacy changes, here are five tips to reduce your risk.

New privacy law - How to get compliant

Tougher privacy rules start in March 2014 - Are you ready?

Privacy reform is getting serious - Mandatory notification proposed for “serious data breach”

Several high profile data breach incidents have highlighted both the ramifications of data security breaches and the concerns about the failure of organisations to notify affected individuals and regulators of data breaches.

Privacy laws are affecting Australia’s cloud industry

Cloud computing providers are struggling to determine their obligations under Australia’s Privacy Act.

New principles for privacy - Compliance is key to new privacy laws

Proposed changes to Australian privacy laws will have significant impacts on business, some of which they may not be expecting.

Have your say on mandatory privacy breach notifications

The Government has now turned its attention to the second stage of passing passing the Privacy Amendment Bill 2012, which will address the remaining 98 recommendations in the ALRC report.

Kate Middleton obtains injunction in relation to topless photos - But can the Palace contain further publication of the images in the digital age?

The unauthorised pictures of the Duchess come at a time of renewed debate on privacy laws in the UK and when privacy reform in Australia is imminent.

Privacy reform in Australia is now imminent

As we have previously reported, the long awaited Privacy Amendment Bill 2012 was introduced to Parliament earlier this year.

Social media explosion leaves defamation law at the starting gate

The social media phenomenon is testing our laws that protect privacy and reputation.

On the road to privacy law reform

On Wednesday 23rd May, the long awaited Privacy Amendment (Enhancing Privacy Protection) Bill 2012 was introduced to Parliament, marking a significant step forward in the process of privacy law reform.

Copyright and the Digital Economy - ALRC inquiry needs broader scope

Australians need a copyright system that works. One they can respect. Our copyright laws need to provide certainty, encourage innovation, and enhance the free flow of information.

Privacy law reform gaining momentum

Significant developments in Privacy Law reforms in Australia have occurred during Privacy Awareness Week, with the Australian Government announcing it will introduce major legislative reform of the Privacy Act.

Social media - Manage the risks and leverage the power

The power of social media has revolutionised the way consumers connect with brands, connect with other consumers to discuss brands, and source other consumers’ opinions about brands. But what are the legal issues you should be aware of?

Convergence Review: Federal Court throws Committee Optus TV Now curve-ball

The enormity and complexity of the task of regulating media and content services in a converged environment was thrown into sharp relief by the Federal Court’s recent decision in the Optus “TV Now” case.

Convergence Review Interim Report: recommendations risk further uncertainty

Expectations for the Convergence Review are high – that it will produce a new regulatory framework that is fair, flexible and doesn’t stifle innovation.

Our Experts

DIXIT Arvind website grey SIZED TH

Arvind Dixit

Special Counsel Melbourne +61 3 9672 3032
KLEIDON Emily website grey SIZED TH

Emily Kleidon

Senior Associate Melbourne +613 9672 3140
Eugenia Kolivos.jpg

Eugenia Kolivos

Partner Sydney +61 2 9210 6316
WHEELAHAN Frances website grey SIZED TH

Frances Wheelahan

Partner Melbourne +61 3 9672 3380
THOMAS Georg website grey SIZED TH

Georg Thomas

National Security & Risk Manager Melbourne +61 3 9672 3373
Helen Carke.jpg

Helen Clarke

Partner Brisbane +61 7 3228 9818
James North.jpg

James North

Partner Sydney +61 2 9210 6734
GAYJustinwebsitegreySIZEDTH.jpg

Justin Gay

Special Counsel Melbourne +61 3 9672 3457
DO ROZARIO Michael website grey SIZED TH

Michael do Rozario

Partner Sydney +61 2 9210 6566
ANDERSON Peter website grey fake SIZED TH

Peter Anderson

Special Counsel Brisbane +61 7 3228 9450
CATANIAPhilipwebsiteTH.jpg

Philip Catania

Partner Melbourne +61 3 9672 3333
Magness Phillip Website SIZED TH

Phillip Magness

National Forensic Technology Manager Melbourne +61 3 9672 3299

Richard Pascoe

Consultant Sydney +612 9210 6329