The OAIC’s latest Notifiable Data Breaches Report (Jul – Dec 2023) reveals the risk for organisations that outsource the handling of personal information to third party service providers and contractors – as well as risks of retaining personal information for longer than needed. In this Update we review the OAIC’s latest findings and provide guidance on steps an organisation can take to minimise risk and harm and to protect confidential information/data.
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Under Australian Privacy Law, organisations that hold Personal Information must take reasonable steps to destroy or de-identify personal information that the entity no longer needs – or face risks of incurring high penalties and reputational damage. An effective Data Retention and Destruction Policy provides an entity with a clear roadmap to ensure compliance with its obligations at law.
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The consumer guarantees provided under the Australian Consumer Law cannot be excluded, modified or restricted and are in addition to any manufacturer’s or supplier’s warranty – with high penalties applying for breach. Fitbit was recently ordered to pay penalties of $11million for making misleading statements about consumer guarantee rights.
Businesses can take steps to minimise the risk of contravention of the Australian Consumer Law relating to consumer guarantees.
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On 18 March, 2024, the ACCC released an issues paper seeking submissions from consumers, businesses and industry participants about their experience and developments in general search services in Australia. The ACCC issues paper is focussing on the impact of regulatory and industry developments; trends in search quality and the emergence of generative AI.
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Malicious or criminal attacks and human error continue to be the major causes of notifiable data breaches reported to the OAIC during the 6 month period to 30 June 2023 according to the OAIC Notifiable Data Breaches Report – January-June 2023. This Update provides a summary of some key findings and statistics contained in the OAIC’s Report as well as steps which organisations and businesses can take to minimise the risk and harm of privacy data breaches.
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Malicious or criminal attacks and human error continue as the major cause of notifiable data breaches reported the OAIC during the 6 month period to 31 December 2022 according to the OAIC Notifiable Data Breach Report-July-Dec 2022. This Update includes a summary of some key findings and statistics contained in the Report as well as steps which organisations can take to minimise the risk and harm of privacy data breaches.
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