ARTICLE
2 January 2015

Corporate Insurance Advent Calendar - Dealing With Big Data Cause Headaches For Australian Companies

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Clyde & Co

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Clyde & Co is a leading, sector-focused global law firm with 415 partners, 2200 legal professionals and 3800 staff in over 50 offices and associated offices on six continents. The firm specialises in the sectors that move, build and power our connected world and the insurance that underpins it, namely: transport, infrastructure, energy, trade & commodities and insurance. With a strong focus on developed and emerging markets, the firm is one of the fastest growing law firms in the world with ambitious plans for further growth.
To celebrate the countdown to Christmas, the Corporate Insurance team will be publishing a prediction for 2015 each day.
Australia Insurance

The Australian Privacy Commissioner will be busy in 2015 investigating the misuse of personal data and enforcing the new regime. However, a lack of clarity around big data may put businesses at risk.

Under a revised privacy regime, the Australian Privacy Commissioner has a range of increased powers. With the regime now firmly in place, the logical next step for the Commissioner is an investigation and enforcement role, so businesses need to ensure that systems and procedures are up to scratch and compliant with the new rules.

However, without clear guidance from the Commissioner as to how to manage big data, businesses will need to consider the 'privacy by design' obligations under the Australian Privacy Act. The Commissioner has also noted that the cross border disclosure of information will be a key focus in 2015. This is permitted under the Australian Privacy Act, but subject to specific guidelines and restrictions.

Whether the big data they hold constitutes personal information and, if so, whether the disclosure of that information offshore is in accordance with the Australian Privacy Act and the Commissioner's guidelines, is something businesses will need to carefully consider in 2015.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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