The Optus data breach involving the disclosure of personal information of about 10 million Optus customers, exposes Optus to claims for compensation under the Privacy Act 1988 (Cth) and also to possible claims for breach of contract, negligence and contravention of the Australian Consumer Law.
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Recent case of ASIC v RI Advice Group Pty Ltd serves as a warning that companies which do not have adequate cybersecurity risk management plans, systems and controls in place are at risk of contravention of the Corporations Law and the Privacy Act which can result in substantial pecuniary penalties. Practical steps can be taken by companies and their directors to reduce these risks.
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Stephens Lawyers & Consultants provides a review of the compensation awarded in determinations for privacy breaches made during the period 2020 – September 2022 by the Office of the Australian Information and Privacy Commissioner.
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The Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021, expected to be introduced to Parliament and passed by the end of 2022, increases both online privacy protection for individuals and consumers and the penalties for breaches. With ongoing COVID restrictions, there has been an exponential growth in the amount of work, education,… Read More
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Privacy breaches in Victoria (Vic) involving an individual’s personal and sensitive information can result in psychological and physical damage and financial losses. An individual affected by a privacy breach may be able to seek compensation and other remedies…
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