S. Christopher (Kit) Winter Authors Inside Counsel Article on Australia’s New Privacy Protection Laws

S. Christopher (Kit) Winter, a Los Angeles-based member in Dykema’s Litigation practice, authored an article—“Technology: Don’t Underestimate Australia’s New Privacy Protection Laws”—that appears in the March 21, 2014 issue of Inside Counsel. This article is the latest installment in a series, written by Winter, that focuses on the legal and business challenges posed by new and rapidly evolving technology.

In this piece, Winter discusses a comprehensive overhaul of Australia’s privacy laws—under that nation’s Privacy Amendment (Enhancing Privacy Protection) Act of 2012—that took effect on March 12, 2014. The Act consists of thirteen new Australian Privacy Principles (APPs) which mirror the ambitions of the Consumer Privacy Bill of Rights, proposed by the White House in February 2012.

Winter notes, however, that the newly-enacted Australian privacy regime is so comprehensive and strict that “it would likely not pass First Amendment muster if enacted in the United States.” For instance, Winter observes that the new Australian laws “almost certainly prohibit the accumulation of customer preference data for marketing purposes and other forms of consumer profiling.” Since many U.S. companies are increasingly relying upon “big data” for consumer marketing (and other) purposes, Winter cautions those who do business in or with Australia would be wise to take “immediate action” to insure compliance with the new Australian privacy laws.

To read this article in its entirety, click here.