The evolution of Australian legislation around the issue of privacy and data protection continues to gain momentum. Peter Leonard, a Partner at Gilbert + Tobin Lawyers in Sydney leads us through some of the developments that are affecting these important issues in Australia.
Data Privacy
Technological development has always outpaced privacy concerns, but never more so than in the past decade. Collection and centralization of personally identifiable information (PII), tracking of movements and digital surveillance are all at unprecedented levels. Regulations and laws are only just beginning to catch up to the ability of both governments and private entities to deploy these capabilities.
What exactly is there to worry about? The mass collection and centralization of data by giant multinationals such as Facebook and Google is as good of a place to start as any. Two decades of vacuuming up the personal data of users of various online services has created the most impressive marketing capabilities in history, but these profiles have astounding potential for damage when they are used the wrong way or fall into the wrong hands.
Unauthorized information that is captured in data breaches tends to find its way to massive “combo lists” that are sold and traded on the dark web. Social security numbers are added from this breach, home addresses and phone numbers from that one, personal health information from yet another. Soon, a frighteningly complete profile of millions of individuals is available to anyone willing to pay the asking price.
These are just the established data privacy issues. The emerging ones are even worse. High-quality facial recognition technology is just beginning to roll out across the public places of some countries. Artificial intelligence is not only making mass facial recognition possible, but magnifies the power and reach of any application that involves capturing and sorting information: scanning pictures, analyzing speech, sifting through text and location data. This threatens to not only shatter anonymity and privacy, but allow for highly advanced impersonation and take the concept of “identity theft” to new levels.
Some businesses chafe at the trouble and added expense of new and emerging data privacy regulations, but they are vital to both protecting rights and privacy and instilling confidence in end users. Customers want to be able to submit their payment information without worry about data breaches and identity theft, use services without wondering what is being done with their personal information and use devices without fear of surveillance or having location data tracked. The need for meaningful safeguards only grows greater as technological capabilities increase.
The development of smart apartments in U.S. has led to more IoT devices and data, providers need to know what it takes to stay compliant to data protection laws like CCPA.
The European Commission and the European Council, the two largest policy bodies in the EU, are the latest government entities to implement a TikTok ban for staff. This includes work devices and also personal devices enrolled in the body's mobile device service.
GDPR may have a huge impact on small businesses but may not stop government surveillance or cool the unfair advantage of tech giants over smaller industries and smaller players. Are there real improvements to consumer privacy?
As we approach the death of the third-party cookie, brands need to prepare themselves for the seismic change in personalization and digital marketing to ensure that they have are delivering the right message at the right time to customers.
Expansion of China's data protection regulations will impact the smart car market in the country. The CCP has clarified terms to require this of the digital keys to smart vehicles and the data they generate.
Apple sells itself to consumers on security and privacy, and one of the building blocks of that ecosystem is its App Store policies. Should Epic's antitrust lawsuit succeed, the "walled garden" may be breached.
2020 was a watershed year for data privacy. The new year will see the continuation of some long-time trends with a few notable additions. Here's the top 4.
Recent Senate hearing on the Section 230 publishing protections that Big Tech platforms enjoy did not produce much in the way of productive results, but did formally open a federal-level dialogue.
In all likelihood, Montana’s TikTok ban won’t stand up through the courts, which will lead to an even more confounding situation regarding TikTok’s very existence within the country.










