Publication
Generative AI
Artificial intelligence (AI) raises many intellectual property (IP) issues.
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Australia | Publication | October 2022
The federal government announced late last week it will introduce amendments to the Telecommunications Regulations 2021 designed to allow telecommunications entities that have suffered a data breach to share data of affected customers with all APRA-regulated financial institutions, except branches of foreign banks. The data sharing is intended to enable the financial institutions to provide enhanced monitoring and safeguards to protect their customers from fraud and other financial harm.
The data-sharing scheme is elective: financial institutions can choose to participate. Doing so may allow a financial institution to provide better outcomes for its customers, but the financial institution must meet certain criteria to take part. While we are still awaiting the detailed regulations to be published imminently, the various press releases have provided high level detail on what financial institutions may be able to receive in the near future.
All APRA-regulated financial institutions are eligible, except branches of foreign banks.
The government’s amendments of the regulations to facilitate such cross-sectoral data sharing for the purpose of customer protection is an unprecedented move in the face of the scale of the Optus breach. While many financial institutions may wish to avail themselves of the option, the above requirements are significant and any organisation attempting to do so will need to ensure that it has adequately and appropriately established the relevant governance and suitable systems, processes and controls to protect customer data. Our Digital Operations, Cyber Risk and Financial Crime Risk Advisory team would be happy to assist should your organisation wish participate in the scheme.
Publication
Artificial intelligence (AI) raises many intellectual property (IP) issues.
Publication
The European Court of Human Rights (ECtHR or the Court) recently ruled in Verein KlimaSeniorinnen Schweiz & Ors v. Switzerland (Application No. 53600/20) that Switzerland had breached the European Convention of Human Rights (the Convention) by not taking sufficient action against climate change. In particular, it found a breach of the right to respect for private and family life contained in Article 8 of the Convention, based on Switzerland’s failure to mitigate the impact of climate change on the lives, health, well-being and quality of life of its citizens. It also ruled that Switzerland had breached the right to a fair trial in terms of Article 6, in that the domestic courts failed to examine the merits of the applicants’ complaints, including the scientific evidence. In this article we consider the key features of this landmark judgment, which has wide ramifications for Member States of the Convention.
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