Email hacking laws australia

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Oh, I forgot they did it through their corporation so therefore it only applies to corporations which I suppose is our Birth Certificates.

I stand by my previous comment. So now they are publicising what they have been doing in secret for years. Go f ck yourself ASIO. If we go back to the 90s it was foretold that independent news media would become the weapon of the state.

The law has been corrupted to the point that speaking the truth is a breach of national security. It is about taking control of independent media to entrap. Trust no one, question everything. Have to agree, this is the natural progression, of the obvious, security measures, Once secret, but now to be bought in to the Legal Domain: Because, they want you to know about it.! See all Family Law. See all Drink Driving. Drink Driving Queensland. See all Drink Driving Queensland.

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Some 10, cybercrimes were reported to the Australian Cybercrime Online Reporting Network in It is estimated there were around one million victims of identity theft online last year.

According to the worldwide leader in IT and networking Cisco, the overwhelming majority of business decision makers expect the IoT will cause increase in security threats both in quantity and in severity over the next years.

In July , the ACSC released its first public Cyber Security Threat Report, outlining the range of cyber adversaries targeting Australian networks, their motivations, the nature of the attacks and their impact. Some of the types of offences by way of malicious and criminal cyber activity include the following:. Australian cybercrime law also extends the geographic reach of the provisions to criminal activity which occurs wholly or partly in Australia, on board an Australian aircraft or ship, and in certain circumstances to the conduct of Australian nationals abroad.

The scope of Cybercrime has become international, and practically borderless. Exposure to penalties outside the jurisdiction where an individual or business is physically located is a real possibility.

In respect to high tech crime or cybercrime of national significance, the responsibility of investigation and response is with the Australian Federal Police AFP.

They also have jurisdiction over cybercrimes involving online fraud affecting a government department. In addition AFP jurisdiction extends to the investigation of crimes associated with online child sex exploitation, child protection and tourist child sex offenders. The Director of Public Prosecutions prosecute offences relating to unauthorised access to data, impairment of electronic communication and using carriage service to harass or cause offence, within sections State or Territory offences are prosecuted by the corresponding state Director of Public Prosecutions.

The NSW Police also have jurisdiction to investigate and prosecute online fraud including internet banking, mobile banking, phishing, mule recruitment, shopping and auction site fraud, scams, spam and identity theft, child sexual exploitation and cyber bullying offences. In addition, Surveillance Devices Act NSW provision s7 provides a prohibition on installation, use and maintenance of listening devices.

Additionally, the above-mentioned Part 6 of the NSW Crimes Act would likely be an example of state legislation that could cover these types of activities. Extended geographical jurisdiction applies to offences under Part The Crimes Act Cth prescribes the sentences applicable to breaches of Federal legislation, such as the Code.

Relevant matters for consideration on sentences are set out as a non-exhaustive list of factors under s. The absence of intent to cause damage or make a financial gain could be taken into account by a sentencing court as a factor of mitigation. The Security of Critical Infrastructure Act Cth , which commenced on 11 July , seeks to manage national security risks of sabotage, espionage and coercion posed by foreign entities.

The Act was implemented as a response to technological changes that have increased cyber connectivity to critical infrastructure. The Act applies to approximately specific assets in the electricity, gas, water and ports sectors. The Act establishes a Register of Critical Infrastructure Assets, empowers the Secretary of the Department of Home Affairs with an information-gathering power whereby certain information can be requested of direct interest holders, responsible entities and operators of critical infrastructure assets , and a Minister has the power to issue a direction to an owner or operator of critical infrastructure assets to mitigate national security risks.

If so, please describe what measures are required to be taken. The good practices recommend, inter alia , periodic review of cyber strategy by a board of directors, using cyber resilience as a management tool, for corporate governance to be responsive i. If so, please provide details of: a the circumstance in which this reporting obligation is triggered; b the regulatory or other authority to which the information is required to be reported; c the nature and scope of information that is required to be reported; and d whether any defences or exemptions exist by which the organisation might prevent publication of that information.

Eligible data breaches arise when: there is unauthorised access to or unauthorised disclosure of personal information, or a loss of personal information, that an entity holds; this unauthorised disclosure of personal information, or loss of personal information, is likely to result in serious harm to one or more individuals; and the entity has not been able to prevent the likely risk of serious harm with remedial action.

The OAIC expects APP entities to conduct a quick assessment of a suspected data breach to determine whether it is likely to result in serious harm. The notification to the OAIC must include the identity and contact details of the organisation, a description of the data breach, the kinds of information concerned and recommendations about the steps that individuals should take in response to the data breach.

If so, please provide details of: a the circumstance in which this reporting obligation is triggered; and b the nature and scope of information that is required to be reported. The notification must include the identity and contact details of the organisation, a description of the data breach, the kinds of information concerned and recommendations about the steps that individuals should take in response to the data breach.

The OAIC has three functions; namely, privacy functions conferred by the Privacy Act , freedom of information functions, such as reviewing the decisions made by agencies and Ministers pursuant to the Freedom of Information Act Cth , and government information policy functions conferred by the Australian Information Commissioner Act Cth. In relation to its privacy functions, the OAIC has the power to commence investigations, conduct privacy performance assessments, request an entity to develop an enforceable code, direct an agency to give the OAIC a privacy impact assessment about a proposed activity or function and recognise external dispute resolution schemes to handle privacy-related complaints.

A failure to comply with the notification obligations can result in the imposition of substantial civil penalties. A serious or repeated interference with privacy attracts a fine of 2, penalty units, currently AUD , The maximum penalty that a court can order for a body corporate is five times the amount listed in the civil penalty provision, currently a maximum of AUD 2. The Privacy Act confers a number of additional enforcement powers on the OAIC, including accepting an enforceable undertaking, bringing proceedings to enforce an enforceable undertaking, making a determination, making orders that the APP entity must redress any loss or damage suffered by the complainant and that the complainant is entitled to payment of compensation for such loss or damage, bringing proceedings to enforce a determination, delivering a report to the responsible Minister and seeking an injunction.

Beacons i. There are presently no laws in Australia that prohibit the use of a Beacon or near-field communication technology. Honeypots i. There are presently no laws in Australia that prohibit the use of Honeypot technology or similar autonomous deception measures.

Sinkholes i. There are presently no laws in Australia that prohibit the use of Sinkhole technology. The malicious use of Sinkhole methods to steer legitimate traffic away from its intended recipient may, however, constitute an offence under s. Sinkholes can be lawfully used as a defensive practice for research and in reaction to cyber-attacks.