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31st July 2015

Australasian Lawyer discusses new frontiers in TMT contracting, quoting Gilbert + Tobin’s partner Bernadette Jew

31st July 2015

“One of the key trends over the last year is that customers are now moving to more of an as-a-service strategy,” observes Gilbert + Tobin partner Bernadette Jew. “Customers are buying services rather than buying a technology solution or a technology component. The major focus is on what does the service need to achieve, rather than what does the technology look like?” This article was published in Issue 2.4 of the Australasian Lawyer e-Magazine.

22nd July 2015

Ben Grubb v. Telstra Corporation

22nd July 2015

By Peter Leonard

In this article, partner Peter Leonard considers the determination by the Australian Privacy Commissioner on journalist Ben Grubb’s attempts to access the metadata held by Telstra about his own mobile use considers the concept of when an individual is ‘reasonably identifiable.’ This article was published in Volume 15, Issue 3 edition of E-Commerce Law Reports.

8th July 2015

New APRA guidelines on cloud

8th July 2015

By Bernadette Jew, Sheila McGregor, Tim Gole, Simon Burns

APRA’s newly released Information Paper: “OUTSOURCING INVOLVING SHARED COMPUTING SERVICES (INCLUDING CLOUD)” recognises that public cloud is inevitable for financial services. It provides constructive guidelines for managing risks in a cloud world. By way of exception, APRA questions the appropriateness of migrating critical systems of record to the public cloud.

8th July 2015

Cyber Security

8th July 2015

By Tim Gole, Michael Williams, Sheila McGregor, Peter Leonard, Simon Burns

Gilbert + Tobin TMT team explore how to plan for and deal with cyber security breaches.

30th June 2015

Delving deeper into the reality of the metadata retention law

30th June 2015

By Peter Leonard

In this article, partner Peter Leonard examines the kinds of information that must be retained under the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 and who can access this information. The financial and data security issues arising from the new retention regime are also considered. The article is part of a series published in the Data Protection Law & Policy journal. The first part of the series can be found here: http://www.gtlaw.com.au/wp-content/uploads/DPLP-May-2015_DPLP.pdf

8th June 2015

Determining obligations under Australia’s new metadata law

8th June 2015

By Peter Leonard

The Australian Parliament recently enacted requirements for communications providers to collect and retain information about communications carried by their services. The new law is controversial, but may well provide a lead for other countries considering mandatory retention requirements. In this issue of Data Protection Law & Policy, Partner Peter Leonard, describes the general operation of the laws, before delving deeper into their implications for communications service providers doing business in Australia in the following issue.

19th May 2015

Meta-exercised about metadata

19th May 2015

By Peter Leonard, Althea Carbon

Metadata collection was highlighted in a recent determination by the Australian Privacy Commissioner which found Telstra had breached the Privacy Act … But how relevant is it, given the government’s recent amendments to the Data Retention Act? Peter Leonard and Althea Carbon look at the big picture and the fine detail.

18th May 2015

Data Protection 2015: A practical cross-border insight into data protection law – Australian chapter

18th May 2015

By Peter Leonard, Michael Burnett

This article appeared in the 2015 edition of The International Comparative Legal Guide to: Data Protection; published by Global Legal Group Ltd, London (www.iclg.co.uk).

23rd March 2015

Data Crisis Management: The good, the bad and the ugly

23rd March 2015

By Peter Leonard

Responses to high profile and high impact data breaches require particular care and integration of C-suite, legal and regulatory, public affairs and media teams. Gilbert + Tobin partner Peter Leonard examines how legal and regulatory counsel can facilitate this process. This article was published in the March 2015 edition of ACLA.

12th March 2015

The Metadata Retention Debate rages on

12th March 2015

By Peter Leonard

Updated – Gilbert + Tobin partner and iappANZ director Peter Leonard discusses internet data retention in Australia and the proposed bill tabled in Parliament on 30 October 2014. This article was published in the February/March 2015 edition of the internet law bulletin.

11th March 2015

Going grey reasonably privately

11th March 2015

By Peter Leonard

Peter Leonard, Partner Gilbert + Tobin and Director iappANZ discusses how the sensible application of risk management principles to evaluate the effectiveness of technical, operational or contractual safeguards will often lead to controversial and sometimes uncertain conclusions. This article was first published in the iappANZ journal, March 2015.

20th January 2015

Internet data retention in Australia: new controversies and complexities

20th January 2015

By Peter Leonard

Internet data retention is back on the political agenda.The Telecommunications (Interception and Access)Amendment (Data Retention) Bill 2014 (Cth) was tabled by the Minister for Communications, Malcolm Turnbull MP, in the Australian parliament on 30 October 2014. The controversy started immediately.

17th January 2015

The OAIC’s Annual Report on its eHealth 2013-14 activities

17th January 2015

By Peter Leonard, Michael Burnett

This report provides an overview of the Office of the Australian Information Commissioner’s (‘OAIC’) eHealth compliance and enforcement activities. First published in eHealth Law & Policy – January 2015.

28th November 2014

Special Counsel promotion strengthens Gilbert + Tobin’s TMT practice

28th November 2014

Gilbert + Tobin is delighted to announce the appointment of Simon Burns to Special Counsel, effective 1 January.

6th November 2014

Making sense of the Australian offshore disclosure rules

6th November 2014

By Peter Leonard

The rules in the Australian Privacy Act 1988 as to ‘accountability’ for offshore disclosures by Australian regulated entities continue to fuel debate between commercial lawyers when negotiating privacy provisions in commercial contracts. Gilbert + Tobin partner and iappANZ director Peter Leonard looks at the principal areas of debate.

3rd November 2014

The Metadata Retention Debate rages on

3rd November 2014

By Peter Leonard

Gilbert + Tobin partner and iappANZ director Peter Leonard discusses internet data retention in Australia and the proposed bill tabled in Parliament on 30 October 2014.

18th September 2014

Not just policies and padlocks: how inadvertent errors in handling medical records can lead to trouble

18th September 2014

By Peter Leonard

Privacy breaches often arise through errors or inadvertence. Taking reasonable steps to protect information security is about more than putting a lock on a physical or electronic “door”. “Reasonable steps” require active steps to ensure that access controls work over time and are verifiably reliable. First published in the Privacy Law Bulletin (2014) 11(8).

29th August 2014

Some Advice on How To Handle Big Data

29th August 2014

By Peter Leonard

A key role for privacy regulators around the world is provision of guidance about how to apply privacy principles to design appropriate privacy settings and options into new business applications. Although national privacy laws differ greatly, regulatory guidance is frequently relevant and useful across multiple jurisdictions and different legislative schemes. This article was first published on The Privacy Advisor on 26 August 2014.

27th August 2014

Surveillance of workplace communications: What are the rules?

27th August 2014

By Peter Leonard

Workplace monitoring and surveillance is becoming increasingly common. Take-up is stimulated by decline in the cost of pervasive surveillance across multiple communications modes and devices and increasing convenience of “out of the box” technological solutions for employers. This was first published in the Privacy Law Bulletin (2014) 11(7).

16th May 2014

Australian innovation in an age of internet disruption

16th May 2014

By Peter Leonard

A presentation by Peter Leonard at the Warren Centre for Advanced Engineering Vision30 conference at Sydney Convention Centre on Friday 8 November 2013.

15th May 2014

The International Comparative Legal Guide to Data Protection 2014 edition

15th May 2014

By Peter Leonard

A practical cross-border insight into data protection law. This article appeared in the 2014 edition of The International Comparative Legal Guide to: Data Protection; published by Global Legal Group Ltd, London (www.iclg.co.uk).

13th May 2014

De-identification of personal information and privacy regulation: are we moving forward or backwards?

13th May 2014

By Peter Leonard

One open issue in privacy regulation is appropriate regulation of ‘big data’ analysis of customer transactional data.

2nd April 2014

Sound and fury meets privacy: the ALRC and a statutory cause of action for invasion of privacy

2nd April 2014

By Peter Leonard

TMT Partner Peter Leonard analyses the Australian Law Reform Commission’s Discussion Paper on Serious Invasions of Privacy in the Digital Era (released 31 March).

18th March 2014

Making the leap to the cloud

18th March 2014

By Tim Gole

TMT partner Tim Gole explores the challenges around escalating email infrastructure and storage requirements and potential security risks when using external cloud solutions. This article was first published on cio.com.au.

11th March 2014

The State of Convergence Regulation in Australia

11th March 2014

By Peter Leonard

After three years of turmoil in Australian media policy, as at March 2014 a clearer view is emerging as to the likely future course of Australian media regulation. TMT lawyers Peter Leonard and Ewan Scobie comment on the state of convergence regulation in Australia.

12th February 2014

Paciocco v Australia and New Zealand Banking Group Limited [2014] FCA 35

12th February 2014

We discuss the Federal Court’s recent decision in Paciocco v ANZ.

10th February 2014

Customer data analytics: privacy settings for ‘Big Data’ business

10th February 2014

By Peter Leonard

Peter Leonard discusses the global debate as to how privacy regulation should address big data. This was first published in International Data Privacy Law 2014 4: 53-68.

11th December 2013

Openness through a privacy policy

11th December 2013

By Michael Burnett

The Privacy Act 1988 (Cth) requires medium to large private sector entities to develop a publicly available privacy policy. This article briefly discusses the purpose of privacy policies, identifies those
private sector entities that are legally required to develop a policy under the Privacy Act, and sets out the minimum content and form requirements having regard to the current provisions of the Privacy Act, and the impending amendments of the Privacy Amendment (Enhancing Privacy Protection)Act 2012 (Cth) (Amended Act), commencing in March 2014. This article was first published in the Privacy Law Bulletin (2013) 10(3) PRIVLB 34.

11th October 2013

Doing ‘Big Data’ business: evolving business models and privacy regulation

11th October 2013

By Peter Leonard

Peter Leonard explores ‘Big Data’ business in this paper presented at the IBA conference in Boston on 11 October.

9th October 2013

The Changing Face of Technology Contracting

9th October 2013

By Peter Leonard

Technology and telecommunications contracting is undergoing radical change. These changes are requiring technology lawyers to develop new skills. They are also fundamentally reshaping legal practice. Peter Leonard looks at significant developments in technology contract law around the globe.

1st October 2013

Lost in the landscape of privacy

1st October 2013

By Peter Leonard

Peter Leonard explains the challenges of the Australian privacy landscape. This was first published in the Inhouse Counsel Bulletin 17(1) IHC 8.

26th September 2013

Getting the Deal Through – Data Protection & Privacy 2014

26th September 2013

By Peter Leonard, Michael Burnett

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Data Protection & Privacy 2014, (published in September 2013; contributing editor: Rosemary P Jay of Hunton & Williams) For further information please visit www.GettingTheDealThrough.com.

26th September 2013

Big data analytics: evolving business models and global privacy regulation

26th September 2013

By Peter Leonard

This article looks at the global debate as to how privacy regulation should address big data. This was first published in Privacy Law Bulletin (2013) (10)1.

11th July 2013

Cloud solutions and lessons from the Government

11th July 2013

By Tim Gole

The Australian Government Policy and risk management guidelines for the processing and storage of Australian Government information in outsourced or offshore ICT arrangements, released on 8 July 2013, prescribes the manner in which Government agencies can take advantage of cloud offerings, and for those not put off by the title, it contains a number of useful considerations for any organisation considering cloud deployment.

10th July 2013

IT contracts: Why the back end is important

10th July 2013

By Tim Gole

TMT partner Tim Gole discusses management of contracts and potential disputes at the “back end”. This article was first published on cio.com.au.

5th June 2013

Managing data & mandatory breach reporting

5th June 2013

By Peter Leonard

If mandatory data breach reporting laws are introduced companies will need to notify affected persons of any serious breaches asmake sure they have appropriate information security in place. Peter Leonard, Partner, talks through the major changes to privacy and what companies can do to prepare.

1st June 2013

The APEC Cross-Border Privacy Rules System: an Australian perspective

1st June 2013

By Michael Burnett, Peter Leonard

In November 2011, leaders of the 21 Asia-Pacific Economic Cooperation (APEC) economies endorsed the implementation of the APEC Cross-Border Privacy Rules (CBPR) System. Despite endorsement of the CBPR System, very few APEC economies have taken the necessary steps to sign on as formal participants of the System. This article briefly discusses the merits of the CBPR System from an Australian perspective and argues that, for Australian corporations, there is little benefit to be derived from participating in the scheme. This article was first published in the Privacy Law Bulletin (2013) 9(8) PRIVLB 128.

31st May 2013

New Mandatory Data Breach Notification Bill

31st May 2013

By Peter Leonard, Michael Burnett

Privacy law is once again on the Government’s legislation reform agenda with the introduction on Wednesday of the Privacy Amendment (Privacy Alerts) Bill 2013.

8th May 2013

New approaches to managing risk in complex IT projects

8th May 2013

TMT partner Ken Saurajen discusses managing risk in complex IT projects. This article was first published on cio.com.au.

1st May 2013

Employer surveillance of employee emails: what are the rules?

1st May 2013

By Dianne Banks, Peter Leonard, James Pomeroy, Kim McGuren, Grace Keesing

Considering the key rules relating to surveillance of employee emails by private sector employers in Australia. This was first published in Internet Law Bulletin (2013) (16)1.

22nd March 2013

Unfair contract terms: let the supplier beware

22nd March 2013

By Tim Gole

July 2010 marked the commencement of the new national unfair terms regime, embodied in the Australian Consumer Law and the ASIC Act.  Last week, the Australian Competition and Consumer Commission (ACCC) released a paper summarising the outcomes of its engagement with industry in relation to the regime.

18th March 2013

Media Privacy in Print Media: Read all about it

18th March 2013

By Peter Leonard

The Australian Government’s media regulation reform package, introduced into the Federal Parliament on 14 March 2013, has given a prominence to privacy law and Australian news and current affairs journalism which is unusual, unexpected and unprecedented.

12th March 2013

Gilbert + Tobin launches Telco Navigator iPad app

12th March 2013

By Peter Waters, Oliver Damian

Are you sick and tired of searching multiple websites and publications to find that piece of telco-related legislation or information you are looking for? We have launched the “Telco Navigator” – an iPad app designed for people working in Australia’s telecommunications industry.

27th February 2013

Learning from failed ICT projects

27th February 2013

By Tim Gole

Complex ICT projects regularly involve high degrees of risk, are frequently subject to substantial cost and time overruns and, importantly, often fail to deliver promised benefits. Failed ICT projects in the private sector, particularly in Australia, rarely end in litigation and are rarely subject to public scrutiny. Failed public sector projects, on the other hand, are sometimes subject to auditor-general or similar types of investigations, which provide valuable insights into what went wrong.

17th January 2013

Australian Convergence Regulation

17th January 2013

By Peter Leonard

The Australian Government has released its initial limited response to the Convergence Review Committee’s recommendations made in March 2012, addressing free to air television.

14th December 2012

Managing data risk – APRA releases Draft Prudential Practice Guide 235

14th December 2012

By Tim Gole

On 11 December 2012, APRA released for consultation its Draft Prudential Practice Guide 235 Managing Data Risk (the Guide). The Guide was released in recognition of data as a key asset for regulated institutions and the need for appropriate data risk management.

30th November 2012

Australian Parliament passes Privacy Amendment (Enhancing Privacy Protection) Bill 2012 with Senate Amendments

30th November 2012

By Peter Leonard, Michael Burnett

After a number of last minute amendments in the Australian Senate, on Thursday 29 November 2012 the Australian (Federal) Parliament passed the Privacy Amendment (Enhancing Privacy Protection) Bill 2012 (the Bill).

23rd August 2012

Australia’s new data preservation scheme

23rd August 2012

By Peter Leonard

Yesterday the Senate passed the Cybercrime Legislation Amendment Bill (CB). The CB details a range of legislative amendments to implement Australia’s accession to the Council of Europe Convention on Cybercrime.

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