Australia: Technology

The recent Hugging Face/OpenAI incident reveals critical lessons about AI agent security and confidential information exposure. When AI systems gain access to internal repositories containing source code, patent materials, and trade secrets, businesses face unprecedented risks that require deliberate controls and IP-focused governance before deployment.

The Office of the Australian Information Commissioner (OAIC) received 1,205 data breach notifications in 2025, the highest number since Australia's Notifiable Data Breaches (NDB) scheme commenced in 2018. The figures highlight an environment increasingly shaped by persistent cyber threats and AI-enabled risks.

Following the Aristocrat Technologies v Commissioner of Patents decision and updated IP Australia guidance, this article examines strategic approaches to claiming AI and machine learning inventions in Australia. It explores how to identify where real value lies in AI systems, support multiple claiming pathways across the AI lifecycle, and draft patent applications that withstand characterisation challenges by demonstrating practical implementation rather than abstract results.

The general rule is that a business cannot send unsolicited emails to market, sell, and promote their goods and services.

"Statement Expectations" sets out ACMA views on the minimum requirements needed to comply with the Spam Act.

This heavy penalty was a reminder to all businesses to ensure that their marketing complies with regulations.

The Office of the Australian Information Commissioner (OAIC) has published updated guidance for entities considering using facial recognition technology (FRT) in high-volume, publicly accessible physical spaces, like retail shopfronts.

Generative AI can be a valuable tool in legal practice, but using public AI platforms with confidential or privileged information can create significant risks. We examine two recent overseas decisions and what they may mean for Australian businesses, insurers and lawyers when it comes to preserving legal professional privilege and maintaining confidentiality.

South Australia has announced a Royal Commission into Artificial Intelligence, set to commence in October 2026 and deliver findings by July 2027. The inquiry will examine AI's economic and social impacts across policy, education, public services, workforce transformation, and infrastructure. Businesses using or developing AI should prepare for potential regulatory reforms and consider engaging with the inquiry process.

A new enterprise agreement between Private Media & the Media, Entertainment & Arts Alliance, approved by the FWC restricts the use of AI in editorial work.

This draft legislation is ambitious in scope and represents Australia's answer to comprehensive crypto-asset reforms.

OAIC's recommendations on managing records of messaging apps provide useful lessons and practical solutions.