October is Cyber Security Awareness Month (CSAM). CSAM is an annual reminder for Australians to stay safe online and protect your online information and assets. The theme for CSAM 2023 is ‘be cyber aware – don’t compromise’. CSAM is an opportunity for businesses to review their understanding of ‘cyber security’ as a concept while continuing […]
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Privacy Awareness Week 2023
Over the past 12 months we have observed a seismic shift in the focus on the privacy landscape in Australia and across the globe, with several high profile and large scale data breaches shining a spotlight on how individuals, business and governments treat and store personal information. Privacy is at the forefront of individuals’ minds. […]
Are the Australian Privacy Reforms on your radar?
The Australian privacy landscape is changing. In December 2022, amendments came into force to amend the Privacy Act 1998 (Cth) (the Privacy Act) to increase the maximum penalties related to serious and repeated breaches of the Australian Privacy Principles (the APPs) and the Notifiable Data Breaches Scheme. As a result of these amendments, the maximum […]
Privacy Awareness Week | 2 – 8 May 2022
While 84% of Australians consider privacy to be important when they are choosing a website or digital service, only 20% read privacy policies and are confident they understand them. This highlights the trust Australians place in service providers – trusting that their personal information will be handled with integrity and care. This year’s Privacy Awareness […]
7-Eleven in breach of privacy laws over survey collecting facial images
The Australian Information Commissioner and Privacy Commissioner, Angelene Falk, recently determined that 7-Eleven interfered with up to 1.6 million customers’ privacy by collecting sensitive biometric information, via in-store customer satisfaction surveys, that was not reasonably necessary for its functions and without adequate notice or consent. This determination is a timely reminder to businesses to collect […]
Do you really need a copy of my COVID-19 vaccination certificate?
Vaccinated Australians will have, by now, accessed their COVID-19 vaccination certificate, a token of our roadmap out of lockdown. However, the token comes with personal and, in some formats, sensitive information. For example, the: COVID-19 digital certificate which can be saved to a smart phone reveals date of birth; the International COVID-19 Vaccination Certificate that […]
Do you send personal information offshore?
A recent decision of the Australian Information and Privacy Commissioner highlights the responsibilities of global corporations with Australian users under Australian privacy law, particularly where the handling of personal information of Australians is outsourced to a company based overseas, whether that be a company within the same corporate group, or an unrelated third party. It […]
Make privacy a priority, today and every day
Currently, 85% of all Australians have a clear understanding of why they should protect personal information, yet 49% don’t know how to do it. Privacy Awareness Week (PAW 2021) runs from 3-9 May 2021. The theme for PAW2021 is ‘Make privacy a priority’. PAW 2021 is about sharing information and practical tips that empower organisations […]
Do your staff members understand their obligations regarding the handling and storage of personal information?
A recent decision of the Australian Information and Privacy Commissioner, Commissioner Falk, highlights the importance of staff training on the collection and storage of personal information and the need to manage customers’ personal information in an open and transparent way. In 2017, Flight Centre held a ‘design jam’ to create technological solutions for travel agents. […]
A case scenario on patient privacy – can I discuss a deceased patient’s care with their family members?
Meridian Lawyers often receives calls from doctors and other health practitioners requesting one-off advice relating to their day-to-day practice. Recently, we have received a number of requests for advice about patient privacy and more specifically about the circumstances in which a health practitioner might be permitted to discuss a deceased patient with their family. The […]
UK High Court applies established duty of care principles to legalise professional guidance which permits disclosure of confidential information to a proximate third party without consent
ABC v NHS — Background The UK High Court applied established duty of care principles to legalise professional guidance which permits disclosure of confidential information to a proximate third party without consent, in circumstances where the medical professional has properly undertaken the requisite balancing exercise of risks and interests affecting the patient, third party and […]