Cyber litigation and third party risks – Preparing for the proposed amendments to the Privacy Act

In this panel discussion the speakers will discuss the current litigation and claims landscape arising after data breaches and cyber incidents and how these claims will develop into the future, especially in light of the proposed reforms in law, including the proposed amendments to the Privacy Act.

Some of the key topics to be discussed, includes:

• data breach class actions, proposed changes to the Privacy Act and what a direct right of action by individuals impacted by cyber incident might mean for privacy litigation;
• an overview of current OAIC litigation and actions for civil penalties under the Privacy Act and other corporate regulator activity and ASX listing issues;
• the ongoing debate over legal privilege over forensic reports (what the courts have said and what that might mean for cyber incidents going forward);
• the merits and pitfalls of injunctions / suppression orders after data breaches; and
• what proactive mitigation steps and strategies companies can take to prepare for the proposed reforms and increased claims and litigation landscape.

The focus of incident management to date has been on first party costs and risks, managing notifications to regulators, and individuals, and managing an increasing reputational risk. However, third party litigation is coming and in this panel discussion we will unpack what that might look like and what you can do to prepare for these risks.