But the lawsuits before the Federal Court of Australia, lodged by Optus and Medibank Private customers, will be the first of their kind when it comes to class actions linked to data breaches.“We’re not operating from a rulebook when it comes to cyber and data breach actions,”...
only one data privacy class action had been commenced in Australia (which settled before being considered by the courts). Since that update, the landscape (and accordingly, the risk for businesses who experience a data breach) has changed significantly, with 3 consumer-class actions having been c...
DATA BREACH CLASS ACTIONSRichie, J. ThomasBrief
It is difficult for a victim of a breach of privacy to bring an action in court mainly because there is no established tort of privacy in Australia. Further, bringing a class action for data breaches is a difficult process. We suggest that the real effect of the NDB scheme requires an ...
Capital One Is Sued Over Data Breach in Proposed Class Action More Reuters FILE PHOTO: The logo and ticker for Capital One are displayed on a screen on the floor of the New York Stock Exchange (NYSE) in New York, U.S., May 21, 2018. REUTERS/Brendan McDermid/File Photo ...
Yahoo had become aware of this breach back in 2014, taking a few initial remedial actions but failing to investigate further. It was only about two years later that Yahoo publicly disclosed the breach after a stolen database from the company allegedly went up for sale on the black market. ...
Data analytics can cause a breach in customer privacy and information such as transactions, purchases, and subscriptions. Some of the tools are complex and require prior training. It takes a lot of skills and expertise to select the right analytics tool every time. 48. What skills should a su...
The London class action has been filed in the High Court after a landmark Court of Appeal decision last October that allowed a similar, opt-out lawsuit to be served against Internet giant Google over alleged unlawful tracking of iPhone users in 2011 and 2012 through third party cookies. U.S...
Australian Privacy Principles (APPs) – A set of rules governing data privacy in Australia. Organizations must ensure proper data security and notify individuals in case of a data breach. ISO/IEC 27001 – An international standard that provides a framework for establishing, implementing, and maintain...
This was a complex case involving multiple interveners and substantial questions of law. English law has historically been reluctant to permit class action claims of the kind commonly seen in the US (and, more recently, Canada and Australia). As the Supreme Court noted, the only area of ...