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Privacy obligations of data processors - a conceptual gap affecting Australia's cloud industry

  • 09 Jul 2013
  • Corrs Chambers Westgarth

Monthly seminar presented by Daniel Thompson

Précis

As cloud computing continues to burgeon in Australia, Australian privacy laws remain poorly adapted to the cloud industry, notwithstanding the recently passed reforms to the Privacy Act.

Both onshore and offshore cloud providers face difficulties in determining their obligations under the Privacy Act due to the absense of a conceptual distinction between a 'data controller' (who controls personal information) and a data processor (who merely processes personal information on behalf of a data controller). This regulatory uncertainty may complicate cloud contract negotiations, as cloud providers will seek contractual protections from customers to offset the risk of breaching the Privacy Act.

Daniel Thompson

Dan is a lawyer in the information and communications technology group at Corrs Chambers Westgarth. He regularly advises cloud providers on regulatory compliance issues including privacy.


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