Allan Yeoman

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Articles

Cyber security: What's happening in Australia

Oct 20, 2024 | lexology.com | Alex Chapman |Allan Yeoman |Amy Ryburn |Keri Johansson

A Cyber Security Bill 2024 (Cyber Bill) has been tabled in Australia's Federal Parliament. The Cyber Bill sets out a legislative framework to help address broad, whole-of-economy cyber security issues and to enable the Australian Government to respond to new and emerging cyber security threats. It is part of a broader package of Australian cyber security reforms, including in relation to its existing security requirements on Government intelligence and critical infrastructure.
Small but potentially helpful changes to the Privacy Act

Oct 9, 2024 | lexology.com | Alex Chapman |Keri Johansson |Allan Yeoman |Amy Ryburn

For those who missed it in the blur of the school holidays, a Statutes Amendment Bill was introduced to Parliament (Statutes Amendment Bill) at the end of September. The Statutes Amendment Bill is an omnibus Bill that includes changes to over 40 different Acts, including the Privacy Act 2020 (Privacy Act). The amendments proposed to the Privacy Act are relatively minor but provide some helpful insights or clarification for those needing to interpret the Privacy Act.
Poupou Matatapu - OPC guidance finalised

Aug 1, 2024 | lexology.com | Allan Yeoman |Amy Ryburn |Keri Johansson |Alex Chapman |Pearlyn Tan

The Office of the Privacy Commissioner (OPC) has released its Poupou Matatapu online toolkit. The toolkit is intended to provide agencies with an overview of the OPC's expectations as to what good privacy practice looks like and how agencies can work towards achieving that. Poupou Matatapu is comprehensive and we consider that it is likely to be an important touchstone for businesses and other agencies when they are designing or reviewing their own privacy practices, or engaging with the OPC.
Poupou Matatapu - OPC consultation on what doing privacy well looks like

Jun 3, 2024 | lexology.com | Allan Yeoman |Amy Ryburn |Keri Johansson |Alex Chapman

This year is shaping up to be a big year for privacy compliance and data protection. Over the last few months, we've seen a draft Biometrics code, a Privacy Amendment Bill, and draft Customer and Product Data Bill in Parliament. Following on from this, last Friday the Office of the Privacy Commissioner (OPC) issued draft guidance to help agencies "do privacy well". The guidance is titled Poupou Matatapu (Poupou meaning posts or pillars and Matatapu meaning privacy).
Submissions open on Privacy Amendment Bill

May 10, 2024 | lexology.com | Allan Yeoman |Natasha Wilson |Keri Johansson |Alex Chapman |Pearlyn Tan

On 2 May 2024, the Privacy Amendment Bill (Bill) had its first reading in Parliament and has been referred to the Justice Committee. The Bill introduces a new information privacy principle (IPP 3A), which will address a perceived gap in the Privacy Act 2020 regarding indirect collection of personal information. At present, the Privacy Act requires an agency to notify individuals when the agency is collecting personal information directly from the individuals.
Consultation open on draft Biometric Processing Privacy Code

Apr 22, 2024 | lexology.com | Allan Yeoman |Amy Ryburn |Renee Stiles |Catherine Miller |Keri Johansson |Alex Chapman | +2 more

The Office of the Privacy Commissioner (OPC) has recently released a draft Biometric Processing Privacy Code (Code) for public consultation. The consultation period closes on 8 May 2024. The Code proposes legal obligations on agencies that carry out automated processing of biometric information. With biometric processing rapidly becoming common place, this is an important opportunity for agencies to engage with this legislative change. What is biometrics?
Review of facial recognition technology

Apr 7, 2024 | lexology.com | Amy Ryburn |Allan Yeoman |Keri Johansson |Alex Chapman

The Privacy Commissioner has announced an inquiry into Foodstuffs' trial of facial recognition technology (FRT) in 25 of its North Island supermarkets. The inquiry demonstrates the Privacy Commissioner's interest in the use of biometrics and its outcome will likely need to be considered by agencies in relation to their own use of FRT.
Substantial AI regulation - EU first off the blocks

Mar 18, 2024 | lexology.com | Amy Ryburn |Damien Steel-Baker |Allan Yeoman

On 13 March 2024 the European Parliament passed the Artificial Intelligence Act (AI Act). This is a world-first attempt at substantially regulating the use of AI and provides a good indication of how regulation may develop around the world. The use of AI is rapidly expanding. As in many areas of technology or science, the creation of new tools and techniques leads to moral and philosophical questions about how these things should be used – just because we can doesn’t mean we should.
Explaining New Zealand's GDPR adequacy decision

Feb 1, 2024 | lexology.com | Allan Yeoman

BackgroundOn 15 January 2024 the European Commission (the Commission) finalised its review of 11 existing adequacy decisions originally made under legislation preceding the EU's General Data Protection Regulation (GDPR), including an assessment of New Zealand's adequacy status. The Commission found that all 11 adequacy decisions are to remain in place.
IAPP Summit 2023 - Top five takeaways

Nov 30, 2023 | lexology.com | Allan Yeoman |Alex Chapman

If data breaches and retention periods were the overarching privacy themes of 2022, they have been joined in the headlines this year by biometrics, convergence and - unsurprisingly - AI.