Cyberspace is widely growing space of
\ndigital era which is more prone to cyber attacks related to data breaches and
\ncyber thefts. Organisations in this competitive edge don\u2019t want to be front
\nheadline of leading newspaper due to cyber breach. In order to be proactive in
\nthis consent, one need to build defensive layer of security controls which cost
\nhuge money investments depending upon size and depth of controls that varies from
\norganisation to organisation. Most organisation consider security
\nimplementation as cost centre rather than business enabler that put them in the
\nlane of security breaches which results in loss of reputation, revenue, business
\nand legal consequences. So rather than spending huge money in security models,
\none should have balanced compliance with the security legal frameworks that
\ngives businesses a confidence and minimise cyber-chain risks (Sans.org, 2018).<\/p>\n
This article covers a brief description about various laws related to data security and breaches in Australia and their evolutions. It also highlights some of the state and federal specific requirements related to Australian government to which organisations are entitled to.<\/p>\n
1. ACORN: Australia<\/strong> government has set up of online reporting network of consumer intelligences<\/strong> to report and cybercrime or new threat that affects Australians if not. It is an agency that delivers national plan to combat cybercrime. It acts as online resilience to cybercrime where public and organisation can online report cybercrime securely. It acts as club of national agencies and territory governance.<\/p>\n 2. ACSC<\/strong>: Australia Cybercrime security centre defines various frameworks and guidelines in order to protect assets of organisation to avoid risks and threats. It gives industries enterprise risk management assurance and public-private hub for information sharing. It responds cyber threats to CERT <\/strong>(Computer emergency and response team).It works together with government, industry and Australians to increase cybercrime awareness at maximum. It basically works in collective mode with department of home affairs<\/strong> whenever tracing out new government policy against cybercrime.<\/p>\n A set of guidelines are provided by It is entitled to government and A specified set of standards agreed by signatories Although we have so many laws and collaborated guidelines that can ensure cyber security within consent but still cybercrime is increasing at a very rapid rate than a rate at which laws are being enacted and amended. Some of the challenges in this path line would be:<\/p>\n The first element of international Creation of effective framework, 2. DELAY IN ENACTMENT OF LAWS<\/strong>:<\/p>\n Enactment of laws considers various 3. LIMITATIONS IN SCOPE OF APPLICATIONS<\/strong>: 4. LACK OF TRUST BETWEEN VARIOUS SECTORS<\/strong>: 5.CONFLICTS OF LAWS AND BASIC PRINCIPLES<\/strong>: A new law has been passed in Australia These are all views by senior executives rest effects can be seen as time grows (Anon, 2018)(Anon, 2018).<\/p>\n This article covers a brief description about various laws related to data security and breaches in Australia and their evolutions.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[57],"tags":[90],"class_list":["post-266","post","type-post","status-publish","format-standard","hentry","category-free-law-essaysaustralian-law","tag-au-law"],"yoast_head":"\nLEGAL, LEGISLATIVE AND REGULATORY ENVIRONMENT<\/h3>\n
\nfederal government to analyse organisation and its compliance with set of laws
\nprevalent in Australia. Australian cyber security centre (ACSC) draws a legal
\nframework for private and public sectors that needs to be followed primarily.<\/p>\n\n\n
\n \n LAWS\n <\/td>\n \n DESCRIPTION\n <\/td>\n<\/tr>\n \n \n AUSTRALIAN PRIVACY PRINCIPLES(APP)\n <\/td>\n \n It is a part of amendment to privacy
\n act 1983 that forms a set of APP\u2019s applied both to federal government and
\n private organisations that cross $ 3 million turnover.
\n Most of states have their own data
\n protection acts entitled to private organisations and state government
\n agencies.
\n Various amendments are:
\n 1.Privacy and data protection
\n acts(2014)-Victoria
\n 2.Privacy and data protection act
\n 1998-New south Wales
\n 3.Privacy and information act
\n 2009-Queensland
\n 4.Personal information Privacy Act
\n 2004 Tasmania
\n 5. Information privacy Act
\n 2014-Australian capital territory.
\n 6. Information act 2002-Northern
\n territory.\n <\/td>\n<\/tr>\n\n \n CYBERCRIME ACT\n <\/td>\n \n Computer and internal related
\n offences such as unlawful access and impeding access to computer, computer
\n related fraud, cyber stalking and child pornography. It is related to
\n integrity of electronic communication and electronically stored data. It was
\n amended on 1st march, 2013 and establishes framework for Australian access to
\n council of Europe convention on cybercrime that works in collaboration with
\n mutual assistance in criminal matters act 1987(Cth), Criminal Act 1914(Cth),
\n criminal code and telecommunication Act 1979,offenses related to cybercrime
\n bill 477.1 entitled to unauthorised access ,modification of restricted data,
\n supply of restricted data held in credit cards and many forth.\n <\/td>\n<\/tr>\n\n \n SPAM ACT(2003)\n <\/td>\n \n Scheme for regulation of commercial
\n emails and other type of electronic messages that restricts unauthorized
\n messages with some exemptions. It is regulated by Australian communication
\n and media authorities. Its fines non compliance firms up to 1.1 million dollars.
\n (Acma.gov.au, 2018)Voice calls and fax messages are not covered by Australian
\n media authority and managed by \u201cdo not call register. All messages should
\n follow consent, identifiers and unsubscribe policies listed in this act.\n <\/td>\n<\/tr>\n\n \n TELECOMMUNICATION
\n ACT,1997(Interception and access)\n <\/td>\n\n Primary objective is to protect
\n privacy of individuals who use Australian telecommunication systems related
\n to real time communications. It is amended to another law amended on 13
\n march,2015 through which(Alrc.gov.au, 2018) various agencies can access
\n real time traffic after getting warrant from court .Metadata according to
\n this law plays important role for national security agencies .Metadata
\n includes telephone calls, websites access, geolocation details,. It works in
\n collaboration with APP\u2019s.\n <\/td>\n<\/tr>\n\n \n Cyber terrorism conventions\n <\/td>\n \n ASIO responds to increased cyber threats
\n that basically stand as advisor to improve national security by combating cyber
\n terrorism with cyber security principles. This includes various laws:
\n 1.Security Legislation Amendment
\n (Terrorism) Act 2002
\n 2.Suppression of the Financing of
\n Terrorism Act 2002 (Cth)
\n 3. Criminal Code Amendment
\n (Suppression of Terrorist Bombings) Act 2002 (Cth).
\n 4.Cybercrime bill 2012 \n <\/td>\n<\/tr>\n<\/tbody>\n<\/table>\nOther Legislative Acts<\/h4>\n
\nprivate organisations and their details can be accessed on comlaw.gov.in<\/p>\n\n\n
\n \n REFERENCE ACTS\n <\/td>\n \n CYBERSECURITY CONSIDERATIONS\n <\/td>\n<\/tr>\n \n \n Australian security\n <\/td>\n \n Establishes ASIO frameworks and powers.
\n It includes online reporting networks set up by ACORN (Australian online
\n reporting network) and ACSC. It includes victims of cybercrime that can be Australian police agencies, criminal intelligence, media authorities,
\n attorney\u2019s general department, children e-safety commissioner, Australian
\n consumer commission.\n <\/td>\n<\/tr>\n\n \n Intelligence organisation\n <\/td>\n \n Provision for computer access and
\n security\n <\/td>\n<\/tr>\n\n \n ASIO Act 1979\n <\/td>\n \n Assessment, listening and tracking of
\n monitoring devices (Asio.gov.au, 2018).\n <\/td>\n<\/tr>\n\n \n Crime Act,1914\n <\/td>\n \n Related to offenses against state
\n legislations\n <\/td>\n<\/tr>\n\n \n Electronic transaction Act,1995\n <\/td>\n \n Related to electronic transactions\n <\/td>\n<\/tr>\n \n \n Intelligence services act\n <\/td>\n \n That provides judicial support of
\n Australian secret intelligence service, Australian signals directorate, which
\n grants powers to Australian secret intelligence organisations\n <\/td>\n<\/tr>\n<\/tbody>\n<\/table>\nCODE OF CONDUCT (GUIDELINES)<\/h3>\n
\nthat provides better consumer protection and minimise risks of threats.<\/p>\n\n
MAJOR CHALLENGES FOR ESTABLISHING LEGAL ENVIRONMENTS<\/h3>\n
\n
\nframework building is cyber terrorism and signing of international agreement
\nand acceptance of a set of definition on agreed terminologies related to cyber
\ncrime at defence. United Nations has developed 14 conventions and 4 amendments
\nagainst international terrorism but they are not universally accepted and each
\ncountry follows their own federal rules and laws. International community has
\nstated this issue with creation of United Counter terrorism committee Executive
\ndirectorate (CTED) in 2010 that stated definition of cyber terrorism but it is
\nnot being clear at state and domestic level. Various laws with support of
\ncriminal cases provide laws and guidelines against cyber crime within Australia
\nterritory but major concern relates to cyber crime carried out by criminal
\noverseas which is not having signed treaty with Australia. Lack of strong
\ninternational laws against cybercrime leads to criminals rapidly flourished in
\nborderless environments and lack of coordination among law authorities and
\nforeign policies. Law agencies are also limited to resources and personnel
\ntraining in terrorism Cyber terrorism is a legal issue but coordinated
\ninternational action is only way to tackle it. It demands strong cooperation
\nbetween industries and government agencies.<\/p>\n
\nexisting treaties and conventions must expand to more territories. Guidelines should be implemented
\nthat should include mutual connections and sharing of information by
\nenforcement agencies. Any delay will give green signal to cyber criminals that
\ngovernments and international agencies have limited capacity to deal it with.<\/p>\n
\nfactors in different countries. Due to this, creations of ratified laws are
\noften delayed. Disparity between technological advances and ramifications in
\nlegal processes leads to more and more threats in ever increasing social
\nnetworks.<\/p>\n
\nAbsence of legal procedures on certain aspects make it difficult for investing
\nagencies related to access of information and private data.<\/p>\n
\nvarious public and private sectors do not mutually connect and complies with
\nlegislative framework that gives criminals enough space to attack one through
\nanother.<\/p>\n
\nBlended laws that can be applied within state and political boundaries is
\nlacking more in australia.Some laws gives rights for proprietary information\u2019s
\n,other leads to violations of human rights. Some laws can be implemented only
\nat state and other only at national level. We lack moreover mutually agree
\ntreaties that can be implemented and a proper legal process can be carried out
\nat international boundaries as well. For example EU-US privacy shield protect
\npersonal data of EU people if it is being transferred to US, It does not take
\ninto account other countries.<\/p>\nUPDATIONS:<\/h3>\n
ANTI-ENCRYPTION LAW:<\/h4>\n
\nthis month. Encryption acts like key to the door of protected information but
\nit experienced negative consequences as law enforcement agencies sometime not
\nable to access messages and protective data sent by attackers. This law was
\nimposed that forcefully sets backdoors to big companies from where various
\ninvestigating agencies can have direct access to all data and concerned
\nmetadata credentials. Australia looked upon this issue after the hearing of FBI
\nagainst apple where apple request of prosecuting encryption has been overheard
\nand request denied. New law leads to list of pros and cons and conflict of
\nviews as it impacts various big social networking industries like Facebook and
\nwhatsapp to great extent.<\/p>\nIMPLICATIONS<\/h4>\n
\n
CURRENT CYBERCRIME STATE:<\/h3>\n
\n
REFERENCES<\/h3>\n
\n