Privacy and Confidentiality

We have extensive experience assisting government clients with privacy and data protection compliance obligations. We advise on the interpretation, application and impact of the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth), and equivalent state legislation.

We advise a range of government agencies on privacy and information management issues, including legislative obligations and compliance, the development of policies and internal procedures, and responses to privacy complaints and Privacy Commissioner inquiries. We also advise on the management of privacy and confidentiality issues with contractors and sub-contractors, including appropriate contractual provisions.

Privacy compliance and management is a matter of commercial and reputational risk. We provide clients with the tools and knowledge to proactively manage privacy issues before the collection of personal information, and address privacy issues as part of policy and program development.

We understand the implications of privacy and information management legislation, and the challenges presented by the increasing use of technology. We also understand the balance that needs to be struck between transparency, accountability and the provision of efficient and effective services and functions, and the need to protect sensitive and confidential information.

As thought leaders in this area of law, we regularly provide strategic and practical advice on complex privacy scenarios. We have developed audit procedures and privacy programs for clients and we have been involved in Privacy Impact Assessments and privacy audits.

16 January 2013

On 31 December 2012, the China International Economic and Trade Arbitration Commission (CIETAC), a foreign-related arbitration commission set up by the China Council for the Promotion of International Trade (also known as the China Chamber of International Commerce) (CCPIT), released its Announcement on Issues Concerning CIETAC Shanghai Sub-Commission and CIETAC South China Sub-Commission" (the Latest Announcement). This is the latest development in a dispute, which has been on foot since April 2012, between CIETAC, the Shanghai Sub-Commission of CIETAC (CIETAC Shanghai), and the Shenzhen Court of International Arbitration (SCIA) (the CIETAC Dispute). SCIA was known as the South China Sub-Commission of CIETAC before 22 October 2012.

19 October 2012

The Federal Attorney-General has released a Discussion Paper seeking comment on whether to introduce laws to make notification of data breaches by government agencies and large private sector entities mandatory in Australia. The Government is calling for submissions by 23 November 2012, asking what the triggers should be and what penalties should apply for failure to comply. The Federal Privacy Commissioner has given his support to the Discussion Paper and a mandatory notification scheme.