Notes from the iappANZ, 3 November 2017

Accountability, transparency and proportionality continue to stay top of mind for privacy professionals.

This week’s digest reflects the ongoing focus on the EU General Data Protection Regulation and, specifically, the pending introduction of mandatory breach reporting. In the EU, mandatory data breach reporting comes into effect in May 2018 as part of the GDPR and in Australia in February 2018 as part of an amendment to the Privacy Act 1988. 

Despite the fact that various mandatory breach reporting laws have different legal triggers and legal consequences in different countries, the practical message is clear: The move to mandatory reporting is a game changer in terms of transparency and accountability. It puts in the spotlight how personal data is managed and how incidents and near misses are considered and handled by the various functions in the organization. The balance of the articles in this issue reflect this theme, be that in relation to the cloud and limited understanding of the relevant security- and privacy-related practices in some sectors or debates in India about striking the right balance between the uses of data and driving innovation.

Also noteworthy is the article on the Hong Kong’s High Court finding that the Hong Kong police must have a warrant to search the digital content of seized personal technology items, unless it is to prevent imminent danger to the public, the possible destruction of evidence, or if the discovery of evidence is “extremely urgent.” The court’s ruling puts privacy issues solidly in the human rights framework under Hong Kong’s Bill of Rights and is in line with the unanimous view of the U.S. Supreme Court and the minority view of the Canadian Supreme Court. Key to the decision was an assessment of proportionality and the balance of competing priorities; in this case, protecting the extensive personal information and data and giving meaningful effect to the constitutionally protected right to privacy and freedom of private communication was pit against unlawful intrusion and effective law enforcement. 

Accountability, transparency and proportionality — all highly topical and intensely practical issues for privacy professionals. They are topical and practical issues now and will continue to be as the privacy profession prepares and grapples with issues raised by mandatory breach reporting, new technologies, and the need to respect fundamental human rights. 

Enjoy this issue!