Michael Caplan

ART overturns Privacy Commissioner, holding Bunnings’ facial recognition use was permitted under the Privacy Act, with lessons for business. Read more at Gilbert + Tobin.

We discuss the recent Supporting Responsible AI Discussion Paper on AI Regulation in Australia, what is so unique about AI?, how to approach regulating AI, and key focus areas.

Readers of the Australian Financial Review may have read with interest James Thomson’s Chanticleer column on May 3.  For those that missed it, the article concerned Chegg Inc, a NYSE-listed company. Chegg provides online services…

From 10 November 2023 Australia’s unfair contract terms (UCT) regime will apply to a much, much larger pool of contracts than it has in the past. Businesses that might previously have been comfortable that the UCT regime did not affec…

You wake up in the morning and think about having bagels for breakfast. As soon as you visualise the bagels in your head, your mobile sends you a notification: ‘craving detected: there’s a local cafe selling your favourite salmo…

When we last wrote about deepfakes in 2019 they had just started to capture the public’s imagination. Jordan Peele’s viral deepfake of Barack Obama, which intended to caution against the inherent political risks of the technolog…

In this article we look at the Discussion Paper released on Australian Cyber Security Strategy.

Following a period of consultation at the end of 2022, the Security of Critical Infrastructure Rules have now been registered under the Security of Critical Infrastructure Act 2018 (Cth).

In this article we explore the key highlights of the Privacy Act Report.

Last year, OECD member countries adopted an intergovernmental agreement setting out their shared principles for government access to personal data held by private entities. The OECD Declaration documents principles and safeguards, drawn fro…

In early 2023, computer science student, Edward Tian, from Princeton University developed the GPTZero app to analyse the likelihood that a passage of text is written by AI.

Neurotechnology refers to any technology that provides greater insight into, or control over, the activity of the brain or nervous system. An example of currently available neurotechnology is brain-computer interfaces.

The Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 (Bill) has now passed both Houses of Parliament and will become law imminently, commencing the day after it receives Royal Assent. The Attorney-General tabled…

As science fiction increasingly becomes a reality, outer space is the next frontier in legal and governance policymaking. In this article, we review recent developments in the space industry, the international regulation of space, Australia…

We look at law reforms and harsher penalties surrounding ransomware attacks and explain if outcomes will change for Australian businesses.

New licence conditions require carriers and CSPs to report cyber incidents and asset information, creating complex compliance duties. Read more at Gilbert + Tobin.

We discuss how the use of artificial intelligence and blockchain technology can be used to decarbonise the energy sector.

After a long and circuitous journey, on 31 March 2022 Parliament passed the Security Legislation Amendment (Critical Infrastructure Protection) Act 2022 (SLACIP Act), which implements the final package of amendments to the existing Security…

The Corporations Amendment (Meetings and Documents) Bill 2021 has permanently allowed electronic and split execution under sections 126 and 127, we explain.

Australia’s critical infrastructure laws expand again with new asset definitions, draft application rules and Bills strengthening cyber and transport security.

We outline the new Security of Critical Infrastructure Act (SOCI) reforms and what your business needs to know.

We outline the draft Trusted Digital Identity Bill 2021 which aims to improve the way Australians are able to verify their identity when accessing online services.

We discuss employers obligation to provide a safe place of work for their staff and visitors and if they should require employees to be vaccinated.

Electronic execution and split execution of documents under section 127 of the Corporations Act 2001 (Cth), will again be permitted. We take you through the latest amendments of the Bill

We outline the definition of Ransomeware and its impacts, discuss whether paying for ransomware should be illegal or not & how companies can protect themselves.

A fundamental function of any government is to provide for the safety and wellbeing of its citizens. While we commonly think of law enforcement, emergency services and public healthcare as the primary tools used by governments to meet this …

Remote witnessing and attestation laws have been updated again. We outline the new regulations facilitating remote witnessing & electronic signature attestation.

This Gilbert + Tobin insight explores how private companies are a step closer to being able to seek accreditation to join the Australian Government’s digital identity scheme, ‘GovPass’.

The Federal Court of Australia recently found in Luppino v Fisher that a mobile phone should not be treated as a “computer” or a “data storage device”.