MinterEllison’s privacy and data protection team advises clients across different industry sectors on local and international privacy and data protection issues.

We regularly assist with the development of privacy compliance tools and privacy policies and statements, conduct privacy audits of organisations to assist with compliance, advise financial institutions in relation to privacy implications associated with credit reporting and providing financial services, advise on marketing and promotional strategies (including email spam and other direct marketing), assist multinational organisations in relation to trans-border data flows and advise and assist organisations in the event of data and information security breaches.

In light of continuing proposals to change privacy laws in Australia, we keep abreast of developments and are able to advise clients on the possible future changes to the law.

8 December 2015

Citing identity crime, the magnitude and impact of data breaches and community expectations, the Government has released an exposure draft Bill for industry consultation that would amend the Commonwealth Privacy Act 1988 to insert a scheme for mandatory notification of serious personal information security breaches. Reporting data security breaches to the OAIC and notifying affected individuals is currently voluntary under the Privacy Act. Entities must comply with their data security obligations in Australian Privacy Principle (APP) 11 or similar, which may include following the voluntary OAIC Guide. After 10 years of discussion papers, proposed Bills and ALRC recommendations, the Federal Government has again released another reform package for consultation. This includes an exposure draft Bill in the form of the Privacy Amendment (Notification of Serious Data Breaches) Bill 2015, together with an Explanatory Memorandum (EM), Discussion Paper and a draft Regulatory Impact Statement.

4 May 2015

The ALRC Report, among other things, considered the attitude of young people to privacy, social networking, the capacity of young people to exercise rights under the Privacy Act 1988 (Cth) (Privacy Act) and privacy of young people in their capacity as online consumers and as students at schools. The ALRC Report contained 12 recommendations directed towards the protection of the privacy of young people, very few of which have been adopted.This article, first published in the Privacy Law Bulletin (March 2015), considers some of the issues relating to privacy and young people; examines some practices, legislation applying in other countries, and some decisions of overseas courts; and attempts to provide some guidance as to how to approach the issues in Australia.

2 February 2015

In this edition we look at:

  • Privacy within Australia
  • The global scene
  • What lies ahead for 2015

19 June 2014

The risks associated with social media misuse by employees are well publicised. Less known, however, are the risks faced by employers in accessing, using and disclosing the personal information of employees obtained by the employer via social media sites. So, where does the line begin and end? And when can an employer rely on the information to make decisions?

5 May 2014

The new privacy regime is in full swing, with the pressure on organisations to demonstrate substantial compliance with the new laws. The handling of 'employee records' and information is now receiving considerable attention. OUr privacy team takes a look at the key issues to consider when managing employee information and how organisations and their employees can work together to minimise the risks.