Attend and earn 1 CPD unit in Substantive Law
Chair:
Shaun Berg, Barrister, Nigel Bowen Chambers
Privacy and Digital Reforms: Key changes
The long awaited reform of Australia's Privacy Act is now underway, after the introduction of the Privacy and Other Legislation Amendment Bill 2024 (Cth).
The Bill is addresses most of legislative proposals that were 'agreed' in the Government's Response to the Attorney-General's Privacy Act Review Report. A second tranche of reform is expected to follow in the near future, addressing further proposals that were also 'agreed' or 'agreed in principle' in the Government's Response.
This session will take you through the changes being implemented by the Bill, including the responsive steps required by relevant agencies and private sector businesses to comply. This will include:
- Explanation of the reform, including the changes relating to:
- Use of technology for automated decision making
- Clarification on what 'reasonable steps' requires in meeting security, retention and destruction obligations
- New children's code of privacy
- New direct right of action for individuals, known as the statutory tort
- Criminalisation of doxxing (the intentional malicious exposure of personal information online)
- New enforcement powers and penalties
- Steps required to prepare for the reform
- Expected regulatory approach, including current areas of focus for OAIC, ACMA and ASIC
- How these changes fit within the broader landscape of complementary regulatory reforms taking place, and those that are imminent, including the Cyber Security Bill, the Digital ID Act, e-safety and AI guardrails
- What is still to come, and how the recommended practical steps will assist
Presented by: Bronwyn Furse, Partner Thomson Geer
Presenters
Bronwyn Furse, Partner, Thomson Geer
Bronwyn Furse is a commercial lawyer with specialist expertise in the areas of privacy, data protection and cybersecurity, and intellectual property amongst others. Her practice traverses public and private industry sectors including financial services, government, health, health tech and other technology providers, manufacturing, automotive, higher education, health, manufacturing, energy and resources, from start-ups through to multinational groups. Working with multinational groups means Bronwyn's work involves complex cross border work, and understanding of relationships between various local and offshore privacy regimes. In relation to privacy, data protection and cybersecurity she routinely provides advisory services, manages data breaches, complaints and investigations, assists with contractual negotiations, develops compliance frameworks, undertakes audits, conducts privacy impact assessments, and delivers tailored training. Bronwyn is on the Australia and New Zealand advisory board for the International Association of Privacy Professionals, as well as the Licensing Executives Society. She is routinely recognised by her peers as one of the Best Lawyers in Australia in the areas of Privacy and Data Security Law, Intellectual Property Law and Franchise Law, and in Doyle’s Guide as a recommended lawyer in the areas of Intellectual Property and in Technology, Media & Telecommunications Law.
Shaun Berg, Barrister, Nigel Bowen Chambers
Shaun practises in all areas of intellectual property matters including in the field of biotechnology, pharmaceutical and software development. He also has a strong understanding of issues arising in research funding, research ethics, research integrity, conflicts of interest, privacy, and freedom of information. Admitted to the bar in 2024, Shaun holds a Master of Science, Bachelor of Laws (Hons.) and Bachelor of Commerce. He is currently undertaking a Doctorate in Law at University of Technology, Sydney. Shaun has significant experience in intellectual property transactions and dispute resolution. He was the principal negotiator for FDA approved drugs into the US market, specifically for Hunter Disease (non-CNS) and Maroteaux-Lamy Syndrome. Shaun has appeared as junior counsel in the High Court, as counsel in the Supreme Court and all higher jurisdictions. Shaun also has a deep interest and understanding in Cultural Knowledge matters. Shaun was also principal negotiator for the Ngarrindjeri Nation for treaty negotiations in South Australia. In over 25 years of legal practice Shaun has been involved in a myriad of commercial disputes. These include relating to property issues, contract disputes, and business conduct. Shaun was the editor of the book titled: Coming to Terms. He has authored numerous papers and other publications and is a recent recipient of the Eric Anderson Award for best article relating to Environmental Management.
