Australian Privacy Foundation (APF) Chairwoman Juanita Fernando says the draft laws underpinning the operation of the government's e-health record system contain a loophole that allows authorities to conclude that a data breach was "not deliberate," reports The Australian. "Under this legislation, no government and no employee can be sued or prosecuted for any harm or damage arising from a breach," Fernando says. In addition to removing the loophole, Fernando says, "we ask for penalties to be provided in the context of unintentional breaches of community information." According to the report, the penalties should include compensation, the opportunity for class-action lawsuits and steps to mitigate future breaches. Fernando also says that the bills do not cover new technologies like cloud computing and mobile devices.
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