Find Lawyers in Australia for Privacy and Data Security Law
Practice Area Overview
However, there are times when it suits us to give out information about ourselves. We expect that information to be used for a proper purpose. We expect that it will not be used or forwarded on to others for a collateral purpose. If our personal information is ‘out there’, we want it to be accurate and safely stored. We are particularly ‘sensitive’ about information relating to our health, finances, credit history, and our political, religious affiliations, and criminal record. And if we must be monitored for a legitimate reason, we expect to be told in advance. Such is the stuff of privacy and data security law in Australia.
Defamation aside, the common law in Australia does not recognize a right to privacy. Varying statutory protections exist at Commonwealth and state/territory level. In general, these statutes do not protect the privacy of an individual as such, but regulate information about an individual: how it is collected, used, disclosed, and stored. Practitioners in the privacy and data security field must grapple with an untidy patchwork of inconsistent Commonwealth and state/territory statutes spanning (variously) privacy, telecommunications and communication interception, surveillance devices, and, increasingly, workplace surveillance. They then need to apply these laws to ever-emerging technologies, and in the context of diverse and flexible work practices.
Key legislation at a federal level includes: the Privacy Act 1988 (Cth); the Telecommunications (Interception and Access) Act 1979 (Cth), the Surveillance Devices Act 2004 (Cth), and the Telecommunications Act 1997 (Cth). At a state/territory level, one can expect to find statutes regarding privacy (applicable to state/territory public sector) and health privacy, and recording devices. Legislation specifically directed at employers conducting workplace surveillance of their employees (including monitoring the content of emails and computer records) is currently in place in NSW, the ACT, and, to a more limited extent, Victoria.
Those in the business of telecommunications, government surveillance, credit reporting, direct marketing, and providing health services are obviously particularly affected by privacy and data security law in Australia. But most employers, and in particular, all public sector employers, also have considerable compliance burdens. Appreciating the intersection of applicable privacy and data security legislation with the many other workplace and public sector statutes, is a necessary skill set in this developing field.
Andrea specialises in financial services, banking and corporate law. Andrea brings legal capability and insight into regulatory matters, corporate governance, compliance and risk management. She assists her clients to adapt to the changing regulatory landscape to ensure they meet the expectations of their customers and shareholders and regulators. Andrea’s expertise extends to designing and conducting a broad range of financial services training for financial services providers, their s...
Tim is the Joint Head of the Melbourne Office and has extensive experience in intellectual property protection and commercialisation, and IT and telecommunications contracts, as well as commercial agreements, franchising, data protection, privacy and competition and consumer law. Tim has experience in advising on all aspects of intellectual property protection, its commercialisation and enforcement and disputes. Tim assists clients with management of intellectual property portfolios in Austra...
Mark has more than 20 years' experience practising in the areas of technology, telecommunications and outsourcing. He has extensive experience advising on systems integration agreements, outsourcing transactions, cloud computing contracts, smart grids, telecommunications regulation and competition issues, network rollout agreements, wireless networks and services, broadband services (including Fibre, ADSL, Cable, 3G and 4G wireless), content licensing, and IT contracting with NBN Co. Mark adv...
Bronwyn is a commercial lawyer with specialist expertise in the areas of intellectual property, privacy, regulatory and competition and consumer law. Her practice traverses public and private industry sectors including automotive, higher education, health, manufacturing, medical devices, energy and resources, government, financial services and ecommerce, from start ups through to multinational groups. Bronwyn’s intellectual property practice includes advising on all matters of ownership...
John is a senior corporate and commercial lawyer who has specialised in technology and intellectual property law for over 25 years. He is a partner in the Corporate and Commercial team at Hall & Wilcox. John advises clients on commercial transactions and legal disputes in the fields of IT, telecommunications and media. His expertise covers all the legal issues associated with the use of technology in business and government, including licensing, privacy and data protection, copyright, bra...
Lyn has broad corporate and commercial experience, with significant expertise advising on complex corporate transactions. Her commercial experience has focused on intellectual property and information assets which have involved various technologies and regulatory regimes. Lyn’s experience also includes developing and implementing privacy and information security policies and negotiating contracts for the exploitation of information assets. She has significant experience in privacy and s...
Josh is an intellectual property and competition law specialist. Josh’s practice encompasses all aspects of the creation, acquisition, commercialisation, management, protection, and enforcement of intellectual property rights. He is widely recognised for his expertise in intellectual property commercialisation, including negotiation and implementation of complex multi-jurisdictional licensing arrangements. He also acts for clients in litigation to enforce intellectual property rights, i...
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