Publication,

Privacy Law Update 2018

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In this update we take a look at some of the notable developments that have captured the attention of privacy law enthusiasts in Australia over the past 12 months.

2018 marks the 30th anniversary of the federal Privacy Act and, befitting this anniversary, the past year has seen a number of significant developments in this area of law both in Australia and around the world. These include the commencement of the EU General Data Protection Regulation and, closer to home, the long-awaited implementation of a mandatory notifiable data breach scheme in Australia.

More generally, there is increasing recognition that protection of privacy is a key public policy issue, and continued scrutiny from media and public alike has pushed privacy compliance higher on the agenda for many organisations in Australia. Data governance, cyber security and privacy are increasingly accepted as issues deserving of board-level attention for Australian companies.

We hope that this publication helps provide some useful background to the year that was in privacy law. If you would like to understand how any of the issues discussed below may affect your organisation, please get in touch with one of KWM's privacy experts.

Is your business thinking about how to prepare for the future of privacy, now? We recently hosted a Future of Privacy panel event in both Sydney and Melbourne. Have a look at the key takeaways in this article. We outline 3 practical ways organisations can prepare for the future of privacy.


LATEST THINKING
Insight
On 2 August 2022, the Aged Care and Other Legislation Amendment (Royal Commission Response) Bill 2022 was passed (Aged Care Bill), introducing important regulatory changes to Australia’s aged care sector. The Bill makes numerous legislative amendments, including to the Aged Care Act 1997 (Cth) (Aged Care Act) and the Aged Care (Transitional Provisions) Act 1997 (Cth) (Transitional Provisions Act), and responds to various recommendations made by the Royal Commission into Aged Care Quality and Safety (Royal Commission) Final Report (Report). The Report identified the provision of substandard aged care services and perceived systemic failures in the aged care sector.[1]

08 August 2022

Insight
The Federal Court has refused an application to stay proceedings to quantify compensation for patent infringement (quantum proceedings) pending the outcome of separate parallel proceedings challenging the validity of the infringed patent on new grounds. The case is significant as intellectual property cases are regularly bifurcated with liability determined separately damages or an account of profits. A patentee may also bring consecutive infringement cases and therefore have two separate cases considering invalidity issues for the same patent running in parallel.

03 August 2022

Insight
Since the introduction of a nationwide Marketing Authorization Holder (MAH) system in 2019, licenses have linked directly to therapeutic products rather than manufacturers.

03 August 2022