Data is a crucial part of every business environment. It is imperative that all organisations have systems and procedures in place to manage local and international legal requirements as well as maintaining the confidence of all stakeholders as to their data practices
Data and privacy regulation in Australia in 2024 is in a state of flux. The legislative response to the Privacy Act Review will introduce significant changes and there are ongoing moves towards better regulation of social media and the digital platforms.
Our lawyers understand that how your business handles data, including both personal and non-personal information, is critical to its success. We understand that the regulation of data extends to the various technologies used to deploy it and how it is shared with third parties.
Our practice covers data in many forms, including business information, big data sets and personal and sensitive information. While we spend significant time advising on the Privacy Act and the Spam Act, the issues around data often crossover into competition law, technology and complex commercialisation arrangements.
Increasingly, customers and contractual counterparties are demanding transparency into data practices and robust data governance practices are being required of businesses at all levels.
We also understand managing data and privacy risk involves a range of stakeholders within an organisation and we often work not only with general counsel but internal executive teams including chief data officers, chief security and technology officers, chief risk officers and the regulatory and communications executives.
We can assist with your privacy and data protection concerns by:
We continue to be recognised by the Global Data Review in their GDR 100 list. Read our chapter in the GDR Insight Handbook to learn more about Australia's privacy laws and recent developments that could affect you.
We work with boards and senior managers to develop and implement information governance frameworks. This encompasses risk management strategies and often overlaps with other areas of risk and compliance, including anti-corruption. Our primary concern is Privacy Act compliance as well as relevant international requirements so that group policies can align with all relevant jurisdictions.
Many organisations operate under GDPR and need to streamline their Australian compliance practices with their international processes and procedures. We have experience in undertaking these reviews and assisting in drafting both internal and client facing documentation to support and enable this.
We have experience advising participants in the CDR system in relation to the Privacy Safeguards and the relevant documentation to support various compliance obligations.
We have advised many clients as they take their businesses into the digital age, finding new ways to leverage their data assets, embracing new technologies and collaborating with third parties to provide and develop new services. We can assist in ensuring contractual obligations supporting these offerings are compliant with privacy and other laws.
How you respond to a data breach can be critical to your continued success and survival. We can assist you to develop breach response plans, rehearse and scenario plan and prepare in advance your response and investigation planning methodology and team. We also assist in responding to privacy complaints, access requests and liaising with the Office of the Australian Information Commissioner.
We have extensive experience advising organisations about the collection and use of various elements of personal information in Australia, including the ability to use personal information to create derivative statistical and risk assessment products for use in and out of Australia.
We have experience drafting privacy, right to information and data security provisions for commercial contracts for local, State and Federal government agencies, Government owned corporations and statutory authorities. If you are impacted by the critical infrastructure rules, we can advise you in relation to data processing and storage and notification obligations.
We have experience:
We regularly act on behalf of applicants and respondents to Freedom of Information (FOI) requests. We advise on the validity (or otherwise) of the scope of a request, and assist clients in refusing requests for documents that are either too voluminous or seek only documents that are exempt under the FOI Act. We also assist in the processing of FOI requests, including the review of documentation and assessment for exemption. Once a decision is made, we assist the decision-maker to communicate the basis of their decision. We have successfully defended appeals and complaints made to the FOI Commissioner in respect of those decisions.
We advise Commonwealth and State governments (and contractors) on the application of secrecy provisions in agency-specific legislation such as the Health Insurance Act.
We have experience in preparing PIAs for government agencies and private organisations. We understand a PIA covers not only strict privacy compliance but often related government policy issues and requires consideration and involvement of affected stakeholders.
