Articles:

Calls for Stronger Data Protection in the Wake of High-Profile Data Leaks

Faceless and hooded figure with green computer code floating around them

Optus, Medibank and My Deal (a subsidiary of Woolworths) have all suffered massive data breaches in recent weeks, affecting millions of Australians.

What’s transpired, in the wake of these cyber crimes, is that Australian data protection laws not only enable companies to take a ‘reactive’ approach rather than a ‘proactive approach’ to data breaches, but that the laws also  fail miserably to protect consumers.

Consumer advocates and technology experts have all weighed in on the debate in the wake of these massive cyber breaches, and the anger and frustration of the consumers affected has been palpable.

Of course, you can’t make a simple online transaction these days without the requirement to hand over some personal identifying information. And in the digital age, data has become a commodity.

 

Everyone is vulnerable

But the recent cyber attacks show just how vulnerable companies and government organisations are, and the devastating impact that data breaches can have on individuals.

Millions of Australians affected by the Optus data breach had names, email addresses, phone numbers and in some cases drivers’ licences and passport information stolen.

 

The Medibank Hack

In the case of the Medibank breach, sensitive healthcare information was also taken, along with identifying information such as names and birthdates, and in some cases, financial information.

Those who claim to be responsible for the Medibank hack have threatened to use the information as extortion, demanding a big payout.

This has put Medibank in a very difficult position because even it did pay up in exchange for the data to be returned, there is no guarantee that the information wouldn’t be sold in any event on the dark web, or that it will come back in pristine condition, not corrupted or riddled with ransomware.

 

The threat of identity theft is very real and difficult to recover from

There are endless possibilities and all of them spell bad news for individuals caught up in the mess.

Identity theft is real, and it is very difficult to recover from. If you have your identity stolen people are able to commit crimes under a false persona and this can potentially lead to a wrongful arrest.

It also makes people vulnerable to financial fraud – thieves wracking up large debts, or stealing money from bank accounts, or taking out loans, all in someone else's name.

 

What does the law say?

In Australia, under Federal Legislation, the Privacy Amendment (Notifiable Data Breaches) Act 2017 eligible businesses must notify the Australian Government via the Office of the Australian Information Commissioner (OAIC) if a serious data breach has occurred.

Failure to comply can result in fines of up to $1.7 million for companies, which some might argue is a simply a ‘slap on the wrist’ for large corporations such as Optus.

Draft legislation, the draft Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021 proposes higher penalties for organisations, but the problem as identified by recent data breaches, remains much the same – a company’s obligations do not extend beyond reporting and taking reasonable steps to assist consumers.

But a significant onus remains on individuals to protect themselves, even though we all place significant trust in companies to manage and protect our information.

 

The Privacy Act 1988

Under the current Privacy Act 1988 (Cth), individuals do have the right to make complaints to the Privacy Commissioner if they believe that their privacy has been breached by an organisation, and the commissioner has the power to investigate and determine an appropriate outcome, including compensation. But this process has been labelled as ‘slow’ and ‘cumbersome’.

Questions about whether it needs to be updated to more adequately reflect the fast-paced technology-driven environment we all live and work in, need to be asked.

There are a number of investigations underway into Optus, and there is a possibility these may lead to law reform, and also the possibility that Optus could end up paying hefty fines, if it is found to have breached any of its responsibilities.

The Australian Federal Police has specialist units investigating each of these cyber-crimes in the hope of catching those responsible.

But for now consumers are taking matters into their own hands. Two law firms have already been investigating the possibility of class action against Optus, and those affected are invited to sign up. Other class actions may follow suit.

 

Need Legal Advice?

If you’re looking for an experienced Criminal Lawyer and Barrister operating in Perth or Fremantle who will provide you with expert legal advice, you're in the right place.

Andrew offers a range of criminal law services and he can guide you through your legal matter whilst working towards the best outcome for your case.

Call Now: (08) 9278 2575

 

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us.

PLEASE NOTE: The material in this blog post is for informational use only and should not be construed as legal advice. For answers to your questions regarding this or other topics, please contact a professional legal representative.

Contact our lawyers now

At Andrew Williams Criminal Law we're here to help you with the best legal advice.

Testimonials Hear from our valued Clients

Words cannot express my gratitude for Andrew agreeing to take my case on, commit to returning from annual leave early, and the personal support and legal expertise provided in defending the driving charges made against me.

The delays I experienced by the two adjournments, while prolonging my anxiety and reducing my faith that I would receive a favourable outcome, worked very much in my favour but moreover it was the multiple submissions and arguments that Andrew made at law on my behalf that cemented the somewhat miraculous outcome including two spent convictions.

Though I genuinely never for a second doubted Andrew's skills, experience and abilities, my fate felt somewhat pre-determined given the significant impact sustained by the complainant.

Andrew was kind, non judgmental, clearly experienced and committed and he accommodated my anxieties and emotion surrounding the charges laid against me.

Andrew went out of his way to give me the best chance possible for a favourable outcome that, in the end, the Magistrate considered and responded accordingly.

All in all, I could not have dreamt of a better outcome considering the circumstances and I...

Rel M
Rel M

I had Andrew deal with my case recently and couldn't of been happier with the result he got for me. From the start Andrew was quick to reply to any questions and queries I had regarding my matter. He was very professional in my opinion, very easy to talk to and explained things quite well. I felt very comfortable in the courtroom knowing that Andrew wanted to get the best result he could for me, and I would highly recommend Andrew Williams to anyone who needs a criminal lawyer.

...

Colin W

I was on a very tight rope where, if it balanced the wrong way, it would have totally devastated my life. Andrew was honest through the entire process preparing me for the worst but never let me give up and thankfully with his help got a great outcome that let me move forward with my family. I cant praise Andrew enough and recommend him 100%.

...

Jason M

I cannot thank Andrew enough for his support and would not hesitate recommending your service to anyone who would need your help. I am eternally grateful to Andrew Williams who kept me informed as and when he had to and had no doubt in his professionalism. Thank you.

...

Pamela J
Pamela J

Had Andrew defend a reckless driving charge. He gave good solid advice throughout the process and defended me well at the trial. His costs were affordable and he was a great guy in general. The most important thing is we were able to have the charges dismissed via a not guilty verdict. I would recommend him to anyone.

...

Joly M
Joly M

Andrew represented me recently in a few difficult situations. I found him to be very professional, easily contactable and generally wanting a good outcome for me. I've passed his contact info to friends and if I ever need legal representation again I'll definitely be using his services.

...

Ryan B
Ryan B

After making several calls to various law firms, I came across Andrew Williams who was quick to respond providing knowledgeable, honest and friendly legal advice. At all times I felt confident in Andrew's ability to defend the charges. The case went to trial with an outcome of not guilty. I was awarded full legal costs. Could not be happier.

...

Matt K
Matt K

Andrew was fantastic to deal with. His courtroom demeanor and skills were apparent. He was always able to assist with a complex matter across nearly 3 years in rural WA. Would highly recommend his services.

...

Wesley H
Wesley H

Of my limited experiences in the judicial system, I can’t rate Andrew Williams highly enough. He was fantastic on my day in court and was very straight up during my consultations. He is such an awesome person, and the best professional criminal lawyer I have ever encounter. Need help call Andrew.

...

Aaron J

Andrew was brilliant with my case and achieved the best outcome. He was very professional and was very impressive in the submissions he presented to the magistrate. Again, I can't thank you enough Andrew.

...

Danni H

Andrew was very preffesional and welcoming when dealing with my case.

In the court room I felt at ease knowing andrew was representing me.

I would highly reccomend andrew for everyone no matter how big or small the case is!

...

Harry

Thanks a lot for handling my case and getting the pleasant outcome. Since the first time I talked to you I have known that my case was in a capable hands. I am impressed by your knowledge and confidence which gave me confidence. Cheers.

...

Joe Y

Thank you so much Andrew for grooming me and going over the process over and again. It was a traumatic time for me and you kept me focused. I really appreciate your guidance and we came out with the best result.

I wouldn't of been able to hold up as I did if not for your valued support.

Sincerely, Kyley.

...

Kyley S

Andrew was very approachable, knowledgeable, professional and focused on the best outcome. I would always recommend him.

...

Kieran C

My personal experience with Andrew Williams was a pleasant one from day one. In the midst of a police raid and the inability to find legal representation I considered myself done for when Andrew took the time to call me back after I contacted his office (during which time he was in trial). Upon soliciting some legal advice, Andrew was straight with me and I made an appointment with him in which he clearly explained the seriousness of my case. After some time, when the matter was moved to the District Courts I was well aware that I would likely be looking at some jail time; the nature of the legal systems and the way in which bureaucracy works is an extremely draining and mentally exhausting process. However, Andrew kept me well informed at every step of the way and promptly wrote to prosecution at critical points outlining my circumstances.

Moving forward, on the sentence hearing day, a pivotal point of my life occured when I was given no immediate imprisonement and was offered an opportunity before the Judge, being legally represented by Andrew. At no one point did I feel like I was being fooled or not taken care of, Andrew Williams was honest and professional, however harsh and difficult it was to accept my circumstances at times. In ...

Franciosco R

I was charged with the offence of aggravated common assault. I engaged Andrew Williams to act for me.

From the first time I met Andrew I knew that I was in the right hands. His level of professionalism both in and out of the court room was very impressive. Following a two day trial in the Perth Magistrates Court, I was found not guilty.

Andrew Williams assisted me through a very stressful period and I was extremely happy with the outcome. I would certainly recommend Andrew Williams to anybody that found themselves on the wrong side of the law.

...

Kyran H

My wife and I were so glad that we chose Andrew Williams to handle our sons Reckless Driving charge. What a relief to know we have people like him around to help.

Besides a failure to indicate and cutting the corner of a very sharp S bend in the road all other allegations by Police were not substantiated. After using a previous Law firm that basically told us that it was the 2 Police Officers word against our son and that we were probably better to take the charge of Dangerous Driving that had been offered by Police for a plea of guilty. $2500 later we decided to find someone else that at least believed our sons version of events.

Well, Andrew was that person; he understood exactly what was going on. He advised us of all avenues available to us and recommended the assistance of a very professional crash expert who provided quality photographs and measurements of the area involved.

Well if not for the professional and well thought out approach that Andrew used in this instance our son would have been unfairly charged with reckless driving for a very minor traffic offence. All costs were awarded to us by the Court and all I can say is...

George M

I have nothing but good things to say about Andrew and his law services. He helped me more than I could possibly ask for during a difficult time facing the court. He was very efficient and precise and always happy to help and answer questions even last minute and after hours.

I believe he charges a very fair price considering the amount of work he put in for me to achieve the best possible result in court and keeping me updated regularly through the whole process.

Without a doubt I will be recommending Andrew to all of my friends for future reference.

...

Trent W

I trusted that Andrew was the person to defend my case in our initial contact on the phone. He was very confident in his approach, from the first point of contact to the court room. I believe this must be from years of experience. Another added bonus for Andrew is that he is very honest and fair. He tells you like it is in the book of law and does not appear manipulative. His communication skills helped me help him to form a best defensive argument for my case. In other words, he made me comfortable to open up to him. In the end, he was able to convince the judge to let me off with only warning for providing misleading information to the police officer, which can be recorded as a criminal record against your name for 10 years.

...

Abraham A

Unhappy with my then representation, I went searching for a new criminal lawyer. Andrew responded quickly and professionally to my enquiry. It was quickly apparent during the first meeting that Andrew was knowledgeable, honest and was committed to getting us the best possible outcome. Andrew looked at all avenues available to me in a Magistrates Court matter. He negotiated on my behalf with the prosecution, attended 3 court hearings and defended my plea at a sentencing hearing. Andrew presented strong arguments in my defense and I was very pleased with a successful outcome. Andrew was also transparent and reasonable with his capped fee costing structure.

...

Timothy R

After being charged with Common Assault of a minor I made a sensible decision not to use the local Kununurra law firm. I engaged Andrew Williams to assist me with resolving this matter (to the point of me being awarded costs). Despite being 4000km away I never had any issues with Andrew's commitment to my case. He promptly returned all calls and demanded I do likewise when important information needed to be exchanged. I found him to be an intelligent, straight-talking and knowledgeable legal counsel. I have no hesitation in recommending this likeable and professional lawyer to those that require legal representation. Especially those that reside in regional or remote areas where there is no choice.

...

David C

Andrew Williams is a criminal laywer of much dedication I will never have the words of gratitude and admiration for his honesty and integrity I would highly recommend him to anyone who may require his services in the future

...

Helen M

I just wanted to take my time to explain my experience with Andrew Williams. I had an incident that could have really affected my future. As anyone does I called around all the lawyers in Perth and just not any lawyer but the ones who are highly respected amongst other lawyers and get the results. I have a friend who works in the industry and she recommended Andrew. She said she always sees Andrew in the paper with amazing outcomes to cases that he gets for his clients I first called his office and left a message with the receptionist. At the time he was on leave and it was his wife birthday. He promised her he wouldn't be bothered with work (this was at christmas time as well) he made the effort and called me to see if I was okay and how everything was. From that moment on I knew I had found my criminal lawyer. When you are going to court you want someone who is going to care about you and go the extra mile and not just pay you off. From the whole experience he was straight with me and very honest. My case was not an easy one and it could have been a very bad outcome. Andrew went out of his way to get me what I wanted. Throughout the whole process I felt like I was dealing with a friend. He was very professional and got the outcome I wanted. I really couldn't ...

Phillip C

Very happy with my representation and fair fees by Andrew, I highly recommend him.

...

Damian A

I found dealing with Andrew Williams Law Firms to be quite pleasant and professional. I have nothing but utmost regard for this firm and would recommend anyone who needs a good criminal lawyer.

...

Andrew H

If you want to get the best lawyer money can buy and get results? Look no further than Andrew Williams and get him in your corner. Not only is he a great guy I found his legal services very professional and knowledgeable and his attention to detail was faultless. This was a very tumultuous time in my life I was facing two criminal charges and my anxiety and stress levels were through the roof, but thanks to Andrew's cool calm and confident demeanor he was able to walk me through it and keep me focused every step of the way. I was acquitted in both cases thanks to Andrew. I would like to take this opportunity to thank you again Andrew you did a fantastic job. My advice to anyone facing Criminal charges would be to phone Andrew as soon as possible.

...

Dan G

Go to top