2018, a watershed year for privacy governance and boardroom leadership, says OAIC Commissioner

2 mins  21.05.2018

MinterEllison last week co-hosted acting Australian Information Commissioner (OAIC) and acting Privacy Commissioner, Angelene Falk, as part of Privacy Awareness Week (PAW) 2018.

Ms Falk was part of an expert panel featuring the inaugural Victorian Information Commissioner, Sven Bluemmel, and Senior Legal Counsel - Chief Privacy Officer at National Australia Bank, Jade Haar.

The expert panel, facilitated by Leader of MinterEllison’s National Privacy Group, Veronica Scott, discussed the importance of good privacy governance and explored the PAW 2018 theme, ‘Privacy: from principles to practice'.

"Good privacy governance means leaders knowing what information you hold, being accountable for it, and conveying your approach to the customer. Good privacy puts the individual at the centre," said Ms Falk. "At this juncture, privacy has never been more important, and leadership from the top is vital… good privacy governance is a top down responsibility. Australian businesses are trusted custodians of people's information, and boardroom level conversations should be actively cultivating a privacy focused culture – because privacy and privacy risks don’t stop moving and evolving."

"Organisations, at all levels, need to think carefully about the changes to privacy legislation that have been enacted recently, and those that are coming in soon," said Ms Falk. "This is a watershed year for privacy governance across the public and private sector."

The Notifiable Data Breaches (NDB) scheme, which came into effect in February, requires organisations to notify individuals impacted by data breaches if they are likely to result in serious harm. On 25 May, the European Union’s General Data Protection Regulation (GDPR) becomes a requirement for all Australian businesses operating in the EU.

Despite these regulatory developments, MinterEllison's 2018 Perspectives on Cyber Risk survey indicated that up to 60% of Australian organisations still have work to do to prepare for changing privacy laws.

Running from 13 to 19 May, PAW promotes privacy as part of everyday business, emphasising the need for organisations, of all sizes, to develop their systems, processes, culture and practice - ensuring they protect customers' personal information.

"This year marks the 30th anniversary of the Australian Privacy Act 1988, and privacy, like all business trends, has evolved with technology," said Ms Scott. "Protecting customers' personal information is now, more than ever, part of everyday life for Australian businesses."

"Many Australian agencies and businesses now need to adhere to new privacy compliance obligations and increased scrutiny," said Ms Scott. "Having the planning, systems and knowledge in place to navigate these obligations is a must for any organisation seeking to avoid heavy penalties, ensure trust and avoid reputational damage."

According to the OAIC's first quarterly report on the NDB scheme, 63 data breach notifications were received in the first six weeks of the scheme's operation. Compare this to the 114 voluntary data breach notifications the OAIC received over the entire 2016-17 financial year.

Business and organisations can still sign up to be a supporter of PAW2018 on the OAIC’s website.

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https://www.minterellison.com/articles/minterellison-last-week-cohosted-acting-aic-and-acting-privacy-commissioner-angelene-falk-paw-2018

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