Breach of confidence is a common cause of action in matters involving intrusion of privacy. The doctrine is not statute-based but arises from common law (i.e. judge-made law) and equity. To establish a claim for breach of confidence, based on the principles in Coco v A N Clark (Engineers) Ltd [1968] FSR 415, a plaintiff [...]
The Australian Privacy Principles (APPs) require an APP entity (essentially not a small business) to have a clearly expressed and up-to-date privacy policy (APP privacy policy) describing how it manages personal information. The APP privacy policy must be based on and reflect the practices, procedures and systems that the APP entity has implemented to ensure [...]
A data breach could occur to any business holding personal information at any time. It is unlikely that unauthorised access will occur at a convenient time! It is important that you have data breach policies in place within your business and your employees and any other internal or external person that stores or deals with personal information need to be [...]
In addition to the legislative requirements of having data breach policies and procedures in place, practically they can have serious impact on your business. They can result in unauthorised disclosure of personal information that your business is entrusted to maintain, interruption to your day to day operations, significant costs in recovery and reporting, as well [...]
