This article was co-authored with India Bennett.
After months of anticipation regarding the ongoing review of the Privacy Act 1988 (Cth), the Federal Government has galvanized the Australian privacy landscape with two significant developments.
Firstly, the Government has released a
On November 18, 2021, the US federal banking regulators Office of the Comptroller of the Currency, Federal Reserve Board and Federal Deposit Insurance Corporation jointly announced a final rule that will require banking organizations (which includes the U.S. operations of foreign banking organizations) to notify their regulators as soon as possible but no later than 36 hours of identifying a significant “computer-security incident” that results in “actual harm” and rises to the level of a “notification incident” as defined in the final rule. The proposed rule would also impose a separate notification requirement on companies (such as data processing companies) that provide certain services to those banks. Those service providers would be required to notify “each affected banking organization customer as soon as possible when the bank service provider determines that it has experienced a computer-security incident that has caused, or is reasonably likely to cause, a material service disruption or degradation for four or more hours.” The final rule reflects several significant changes to the proposal that had been issued for comment in January 2021, including a narrowing of the definition of “computer security incident” from merely “significant” incidents and a notification window of 36 hours instead of “immediate[].”
The final regulations go into effect on April 1, 2022, with a compliance date of May 1, 2022.
Android will adopt iOS-like privacy nutrition labels, called the “Data safety form,” starting April 2022. And according to Google, apps that fail to comply with this upcoming requirement may be “subject to policy enforcement, like blocked updates
Bill 64, which purports to modernise Québec’s privacy legislation, was recently passed. This sweeping reform of the province’s framework for processing personal information hinges on three main axes:
On November 8, 2021, New York became the third state to require private employers to provide employees with notice of employer monitoring of phone, email, and internet access/usage. New York’s new law (SB 2628) goes into effect on May 7, 2022. New York joins Connecticut and Delaware, whose laws are already in effect. Unfortunately for employers, the three laws differ with respect to what is covered, when and how employers are to notify employees, and the amount of civil penalties.
The Cyberspace Administration of China (CAC) released the draft Security Review Measures for Cross-Border Data Transfer (the Draft Security Review Measures) for public comments on 29 October 2021 – shortly before the effective date of the Personal
On 10 November 2021, the UK Supreme Court handed down the much anticipated judgment in Lloyd v Google LLC [2021] UKSC 50, unanimously allowing Google’s appeal and reversing the decision of the Court of Appeal.
In summary, the Supreme Court
The Singapore High Court and the Hong Kong District Court have both considered the right to compensation for injury to feelings in two recent cases involving misuse of personal data but arrived at different conclusions.