Maintaining Data Privacy: Roles and Responsibilities in Australia
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This essay discusses the roles and responsibilities of the Australian government, businesses, and individuals in maintaining data privacy. It explores the challenges and regulations related to data protection and cyber security.
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Contents Introduction...........................................................................................................................................3 Compare and contrast the respective roles and responsibilities of the Australian government, businesses, and individuals in maintaining data privacy.......................................................................3 Conclusion.............................................................................................................................................6 References.............................................................................................................................................8
Introduction This essay brings out a discussion on maintaining data privacy regulated by the Australian government, individuals, and the businesses. Privacy, cyber security, and data protection are some of the emerging and powerful challenges for the organisations and the government. After the digital transformation, information hacking, and spoilage of individual trust has threatened the authorities to maintain their goodwill. The essay will elaborate possible threats and the related consequences to protect the data with the help of complying with the government regulations (Kent, 2016). Compare and contrast the respective roles and responsibilities of the Australian government, businesses, and individuals in maintaining data privacy. Public data hacking is not only huge problem but it is also different. Ideally, privacy has been spoiled when data hackers breach the company`s server then the relevant company incur huge cost in identifying theft, financial loss, intellectual loss, and relative negative brand effect. While protecting the sensitive data, government agencies are driving on a mission when there is a greater similarity of dealing with the sensitive data, which finally become lucrative in the hands of the burglars. Government facing challenges have been running deeper because of growing vulnerable system. Various agencies are regularly found and targeted by the hackers especially the teams trained under the national and state programs. Government often try to prevent them against the hostile intruders, individuals, and the employees, as they want their data to be conveniently present everywhere (Kent, 2016). On a short note, governmental cyber security issues have become unique criteria of problems because of high volume of threats and hug scale of other circumstances when the threats are not foiled. Bank robberies, attackers, and most of the cyber threats have made a narrow and other intrusion to threaten the data. It has been observed that some of the unidentified political hacktivists have the ability to disrupt and equally destroy the governmental operations, city power grids, banking
transactions and the military weapon system. It is has been claimed that three-fourth of the state chief information security officers often says that states are not potentially spending on cyber security, retaining and attracting the right talent but finally it creates continuous strive for the lower government salaries, complicated hiring procedure with a lack of clear career paths (Knowles, Prince, Hutchison, Disso, & Jones, 2015). In order to resolve the issues related to privacy and security problems, Agency of privacy code released by Australian Government, it is necessary for the relevant agencies to keep a centralised recording of the kind of personal information, which they hold (Carr, 2016). It is the responsibility of the privacy officer`s to sustain the record and ensure that personal information security measures considered to be comprehensive. According to the privacy Act, 1988 that is an Australian law, which supports handling the personal information and data regarding the individual (Joinson, & Steen, 2018). Privacy Act realises a code of conduct for the fair information and the related practises which will govern, maintain, collect, use and its relevant dissemination of data in regards to the people maintaining the system of records (Joinson, & Steen, 2018). This act includes APPs (Australian privacy principles) that also considers general legislations, which will affect the data protection act that has brought out some of the action based acts such as Spam Act, 2003 that regulates the types of the commercial electronic messages (Joinson, & Steen, 2018). Other regulation is in regards to the telecommunication sector complying with the authority of office of the Australian information commissioner (OAIC), Australian Communication, and media Authority, state privacy health information (Amini et al., 2015). Other relevant regulation and legislation are related to the personal data, processing, controlling, data subject, sensitive personal data, processor, collects, holds, data breaches, and de-identified (Cherdantseva et al., 2016). The legislation for the personal data checks whether the opinion for data is correct and presented well or not. On the other hand, it is too check whether the data has been recorded in the
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material form or not. Although, processing has not been used in the privacy Act as in terms of usage and disclosures. Usage is known to be in terms of personal information involving information within entity. Further, disclosure is related to the personal data until the personal entity (Buczak, & Guven, 2015). Other eligible data breaches happens when there is an unauthorised accessibility. Loss of personal data and disclosures, which is held by the company (Buczak, & Guven, 2015). Some of the main principles applicable to the regulations of the personal data. APP 1 enacts the obligations related to the organisation to take further actions transparently dealing with the personal data (Rutledge, 2018). This necessitates the company to implement process, systems, and practises in order to ensure that companies are APP compliant. Further, it looks forward to necessitate and require up-to-date policies on the basis of which the personal data will be handled. This is how the organisational procedure limits and controls the lawful criteria for processing (Buczak, & Guven, 2015). The legal and lawful basis for the disclosure and usage of the personal data necessitates the company to follow the consent of a person. APP has limited the collection in order to inform reasonably as per the necessary in regards to the functions (Rutledge, 2018). It covers the purpose of using and disclosing the personal information for the primary and secondary purposes and the other purposes are being prohibited (Business.gov.in., 2018). It has been regulated that the organisation should maintain minimum data so organisation should not collect personal data unless the data is necessary for and directly relevant to the actions of one or more functional entity (Fielder, Panaousis, Malacaria, Hankin, & Smeraldi, 2016). An organisation should take appropriate and reasonable steps so that it can ensure the usage of personal information andcheckwhetherdisclosuresareuptodate,relevant,accurate,andcomplete (Business.gov.in., 2018). Some of the important individual actions and rights based on processing of the personal data includes right to access the right data and its copies (Rutledge, 2018). APP 12 avails
individual rights to access the data and set timeframes through which companies should respond (Protective Security Policy Framework, 2018). In order to get the errors rectified, APP 13 allows the person to necessitate the organisation to correct the personal information that it holds. Authority to delete and forgotten rights, which do not exist in the Australian laws (Rutledge, 2018). The collection, usage, and the related disclosures of the personal data demands consent and notice (Protective Security Policy Framework, 2018). Although there is no particular right in order to prevent processing but there exist some restriction on the collection, use, solicitation, and the disclosure related to personal data that further includes ands values the purpose of what type of information is to be supplied(Asher, & Gonzalez, 2015). For the individual purpose, right to data portability does not comply as per the Australian regulations (Eggers, 2018). As per the privacy act, a person have the appropriate right to plea a Xerox and copy of personal data from the organisations that could hold the information. An organisation must cease the mode of direct marketing, disclosing, and using the personal information for the direct marketing if they actually receive a plea from a person to cease. An individual has the right to complain for the information when they actually believe that they are suffering from the interferences in their privacy (Eggers, 2018). From the data given in the reports, it is seen that Australia is a significant lead in regards to work across the government for the collective defences (Eggers, 2018). Australian Cyber Security Centre (AACSC) acts as an important role in regards to create awareness for the cyber security, empowering the reporting to the extent of the cyber threats (Eggers, 2018). Encouragingtheawarenessandreportingoftheincidentsbyanalysingandfinally investigatingcertainthreats,nationalsecurityoperations,andfinallyheadingtowards Australian government`s responding to the hacking incidents (Global legal Group limited, 2018). The Australian approach of curing security issues and maintaining good hygiene network by blocking the unknown executable files, installing the many software updates,
restricting the administrative privileges, and also the maintaining the security patches for all the computers (Global legal Group limited, 2018). This program of preventing cyber security issues target to examine the adversaries and finally combining the threat related to data from several organisations in order to strengthen the overall intelligence. The system will include many further uploading results of the intrusion attempting cloud and by giving the analysts an opportunity from several agencies to attract a large pool of data scanners (Global legal Group limited, 2018). Conclusion The above discussion has discovered the many other modes of cyber security threats that has been hampering the existence of personal data in the records of the organisations, government institution, and the individual firms. The third security principle related to rethinking the networksecurity.Ithasbeenreportedthatthechessmatchthinkofcybersecurity. Government has to employ strengths and advantages in regards to opponent weaknesses and disadvantages. The language of the digitalisation related crimes may be colourful and if the language is extreme game, changing then the cyber attack can be destroying. On the same hand, a new generation warriors offend to investigate the further tactics and other targeting disruptivehackers.
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Fielder, A., Panaousis, E., Malacaria, P., Hankin, C., & Smeraldi, F. (2016). Decision support approaches for cyber security investment.Decision Support Systems,86, 13-23. GloballegalGrouplimited,(2018).RelevantlegislationsandcompetentAuthorities. Retrieved from:https://iclg.com/practice-areas/data-protection-laws-and-regulations/ australia Joinson, A., & Steen, T. V. (2018). Human aspects of cyber security: Behaviour or culture change?.Cyber Security: A Peer-Reviewed Journal,1(4), 351-360. Kent, A. D. (2016). Cyber security data sources for dynamic network research. InDynamic Networks and Cyber-Security(pp. 37-65). Knowles, W., Prince, D., Hutchison, D., Disso, J. F. P., & Jones, K. (2015). A survey of cyber security management in industrial control systems.International journal of critical infrastructure protection,9, 52-80. Protective Security Policy Framework, (2018). Management structures and responsibilities. Retrievedfrom:https://www.protectivesecurity.gov.au/governance/management- structures-and-responsibilities/Pages/default.aspx Rutledge,B.(2018).Retrievedfrom:https://spanning.com/blog/gdpr-vs-australian-data- privacy-regulations/