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Helping clients safeguard and leverage their most valuable asset - data

Data management and privacy

Data can be an organisation's greatest asset – or its greatest liability. In the digital economy, organisations are now faced with a 'data paradox' – the more data that is captured, analysed and shared, the better services end-users experience. But with greater data comes greater risk, to both individuals and organisations. Organisations need to identify how much information is the right amount – and take action to protect it.

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Big data: unlock its value and protect

MinterEllison Partners James Hutton and Sonja Read discuss the value of company data and why it's important to protect.

Harnessing latent data value beyond compliance  

Future-focused and pragmatic organisations know that effective data management goes beyond simply meeting existing legal obligations. Data is a strategic asset and the engine of digital transformation. Taking a proactive approach that considers the ethical, commercial and reputational factors, can both fortify data while unlocking new value creation opportunities.

Emerging technologies such as AI, the Internet of Things and Web 4.0 platforms offer organisations new ways to use data to deliver better customer experience and improve efficiencies. Yet this also heightens the need to be acutely aware of the ethical, regulatory, reputational and commercial risks around data management.

Privacy breaches and data mismanagement have become increasingly frequent, damaging and high profile. Facing a multitude of regulatory requirements to comply with federal, state and overseas privacy and data management obligations. As society continues its acceleration towards digital dependence, and with overlapping jurisdictional rights and obligations, regulation is rapidly evolving. For organisations, this means that compliance has become ever more complex.

Data management and privacy support at every stage of the lifecycle 

Our team of experts assist you to stay ahead of and anticipate data challenges, with the end-to-end management of your privacy, data and cyber needs including front end advisory and response to data breaches and incidents. We support you in: 

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Privacy and other regulatory compliance

Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (and State and Territory equivalents), health records legislation, surveillance and direct marketing legislation, the General Data Protection Regulation (GDPR), and security of critical infrastructure (SOCI) and consumer data right (CDR) laws.

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Protecting and enhancing information assets and data management

This includes business as usual activity, or to specific projects such as due diligence, M&A activities, big data and technological developments and cyber resilience and data security health checks.

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Responding to data breaches, ransomware and other cyber security incidents
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Understanding cyber related insurance

Assisting insureds to draft their cyber policies, liaise with other third-party vendors including IT providers, educate brokers and assist in selling to market.

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Privacy Impact Assessments (PIAs)

PIAs are essential tools that enable organisations to identify, assess, and mitigate potential risks associated with the handling of personal information. Our team can guide you through the PIA process, which includes identifying the scope and objectives of your data processing activities; assessing potential privacy risks and vulnerabilities; recommending suitable risk mitigation strategies; ensuring compliance with applicable privacy and data protection laws; and providing actionable insights and best practices for ongoing privacy management.

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https://www.minterellison.com/technology-digital-and-data/data-management-and-privacy

Our thinking and experience

Knowledge and expertise

TECHNOLOGY DATA AND DIGITALCYBER SECURITY  SOFTWARE AUDITS TECHNOLOGY DISPUTES TECHNOLOGY PROCUREMENT AND SUPPLYTECHNOLOGY TRANSACTIONS

Perspectives on Cyber Risk 2024

In Perspectives on Cyber Risk 2024 we emphasise the necessity for improved data governance and provide insights into privacy regulatory reform.

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Case studies

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State of NSW

To support the State in establishing the Shared Equity Home Buyer Helper Scheme, we provided a range of privacy advice, conducted a Privacy Impact Assessment, and drafted privacy notices and clauses in a suite of agreements for the State.

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Big 4 Bank

Advised on amendments to its contractual documentation for privacy and GDPR compliance and appropriate data governance across the various jurisdictions in which it operates.

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Victorian Public sector hospitals

Conducted a Privacy Impact Assessment and detailed analysis of the potential privacy risks and impacts on behalf of four public hospitals that have implemented a single electronic record system across the hospitals.

Lead contacts

Paul Kallenbach

Partner, Melbourne

Sonja Read

Partner, Brisbane

Vanessa Mellis

Partner, Brisbane

Lisa Jarrett

Partner, Adelaide

Christina Graves

Special Counsel, Canberra

Bruno Solia

Partner, Sydney

Mark Teys

Partner, Sydney

Our consulting services are provided (directly and indirectly) by MinterEllison Consulting (ABN 50 017 469 292) and MinterEllison Consulting Pty Ltd (ABN 50 077 613 828), both of which are part of the MinterEllison Group. Our consulting services do not constitute legal services nor legal advice and are not provided by Australian legal practitioners acting in that capacity. The laws and regulations which govern the provision of legal services in the relevant jurisdiction do not apply to the provision of non-legal services.

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