InfoGovANZ

Information Governance Think Tank

Data & Infonomics

OAIC Notifiable Data Breaches Scheme – The first 4 years

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The Notifiable Data Breaches (NDB) scheme commenced in February 2018, introducing new obligations for Australian government agencies and private sector organisations with an annual turnover of $3 million AUD or more. Notably, under the NDB scheme organisations are required undertake an assessment should they suspect:  Unauthorised access to or disclosure of personal information, or loss of personal information where access by unauthorised persons is likely to occur,  Serious harm to the individuals to whom the information relates is likely to occur, and  The risk of serious harm cannot be addressed through remedial action.  If the assessment indicates that serious harm is likely to result from a data breach, they must notify the Office of the Australian Information Commissioner (OAIC) as well as all affected individuals so they can take action to address possible consequences and also. As data breaches and subsequent investigations are often significantly complex, an organisation or agency […]
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Five Common Misconceptions about Structured and Unstructured Data

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Key Takeaways: Structured data is quantitative (anything you can easily store in rows and columns) and relatively easier to keep compliant. Unstructured data is qualitative (think your emails and Teams chats) and much harder to manage. Nearly all organizations are operating under one or more misconceptions about their data (and compliance or lack thereof with new privacy laws!). The Two Types of Data Your Organization is Accumulating (and Why You Should Care) We’ll start with why you should care. If you’re familiar with the data compliance space, you already know that new laws require your organization to take specific steps to protect the rights of anyone whose data they hold. (If you’re not familiar with data compliance – surprise!) The first step to maintaining compliance with these laws is understanding what data your organization actually has. Not having this understanding is dangerous for three reasons: The less you know about your data holdings, the […]
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New Data Availability and Transparency Act 2022 in force

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The Data Availability and Transparency Act 2022 commenced in April.   The Act establishes a new, best practice DATA scheme for sharing Australian Government data, underpinned by strong safeguards and simplified, efficient.  For an introduction to how the Scheme works, read more at A Scheme for sharing Australian Government data. Commonwealth, state and territory government agencies can now apply to be accredited users under the DATA Scheme.  And from 1 August, Australian universities will be able to apply for accreditation as data users and as data service providers. Follow these links to learn more about participating in the DATA Scheme or to access the scheme-on-a-page overview.
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Doug Laney author of ‘Infonomics’ announces release of new book ‘Data Juice’

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Data Juice is the latest book just released by Doug Laney,  author of Infonomics: How to Monetize, Manage, and Measure Information as an Asset for Competitive Advantage. Containing more than 100 real-world examples and expert commentaries on how organizations around the world and in every industry are monetizing their own (and others’) data in diverse ways, Data Juice is a resource for data, business, and IT leaders looking to inspire their teams or executives with ways to thrive in the Digital Age.  Further below is an excerpt from Data Juice, available to purchase now on Amazon About the author Doug Laney is the data & analytics strategy innovation fellow with the consultancy, West Monroe. Formerly he was a vice president and distinguished analyst with Gartner’s Chief Data Officer (CDO) research and advisory practice. He is an accomplished practitioner and recognized authority on data and analytics strategy, and is a three-time […]
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2021 Solomon Lecture

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This year’s Solomon Lecture presented by the Queensland Office of the Information Commissioner featured Professor Beth Simone Noveck on ‘Solving Public Problems with Data’. Professor Noveck’s lecture explores how traditionally, the right to know is rooted in the belief that members of the public should know what their government does in order to hold the government to account, lessen the risk of corruption and shine a light on wasteful and inefficient operations. Beth Simone Noveck discusses how a focus on public problem solving and improving people’s lives changes how we think about data. She discusses specific policy prescriptions for creating a right to know that fosters better government, stronger citizenship and more agile solutions to contemporary challenges. Watch the Solomon Lecture here.
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Preventing Digital Harm

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The World Economic Forum published Pathways to Digital Justice report to address systemic legal and judicial gaps, and help guide law and policy efforts towards combating data-driven harms. This is particularly important with the increase in online activities and digitization of services, which – when misused – can present new types of risk. The white paper, produced in collaboration with an advisory committee consisting of experts from around the world, is intended to guide policy efforts towards combating data-driven harms. The hope is that legal and judicial systems can then evolve to embed redress mechanisms that enable the creation of a data ecosystem which protects individuals and is accountable to them. Read the World Economic Forum statement here or the report.
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The Data Explosion & IG, Reducing eDiscovery Costs – Richard Kessler

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As we put 2020 behind us and look forward to 2021, we reflected in an interactive virtual discussion forum on the key IG learnings from the past 12 months and the insights and actions we now need to be taking to make the most of the opportunities and challenges on the road to recovery in 2021.

We’ve seen the different ways governments have responded to the COVID-19 pandemic and the results in managing the pandemic. Similarly, organisations have had to adapt to the changes and, in particular, to faster digital transformation. Robust governance of organisations and of information has never been so important. Increased cyber risks and the importance of access to real-time and accurate data for decision-making, both at the board level and throughout the organisation, are now critical issues.

Our expert panel included InfoGovANZ Intenational Council member Richard P. Kessler, who is a pioneer and thought leader connecting people with ideas in the fields of information governance, data governance, legal operations, eDiscovery and infonomics.  As the CEO of Dilijint, Richard leads with a vison focused on bringing innovative solutions to complex data challenges.

Prior to taking the leadership role at Dilijint, Richard was a Director at KPMG in Cyber Security Strategy and Governance as part of the U.S. Information Governance and Privacy practice.  In this role, Richard created the Data Value Model innovation comprising the ideation, design, development, expansion, and integration across multiple data and information disciplines.  Richard was pivotal in orchestrating integration of governance across pillars leading to a new way of thinking about data.

Richard’s insights:

  • Despite trends like these, many companies continue to use ‘traditional’ approaches to eDiscovery and have done little to put in place powerful and effective information governance functions. Although many innovative capabilities within the eDiscovery process have been invented and applied, firms have not yet been able to check their own organisations’ explosion of data through the operationalisation of data minimising strategies.
  • In addition, many firms simply can’t measure their total storage or corresponding actual data requirements because so much data is in the cloud and/or part of their actual supply chain or data supply chain. Although relied on very heavily for day-to-day operations, it is with seemingly minimal financial impact until a data breach occurs or significant costs are involved in a large document production for litigation or regulatory inquiry.

Action for leaders

  • Unsustainable growth and proliferation of your data across the supply chain and across a sea of clouds challenges you to identify and protect the most important data and to distinguish your more important assets from your junk. Without knowledge of where to direct investment for protection and reuse, for example, to pivot your business model out of COVID-driven necessity using your data, you are ‘flying blind.’
  • You need to operationalise information governance and give laser-like focus to critical asset identification to radically simplify and reduce eDiscovery costs and help unlock and unveil your most important data assets for reuse (after de-risking), repurposing, monetisation and other such revenue and value generating activities.
  • Start thinking more strategically about data or succumb unwillingly to chaos, potentially exposing critical assets to unnecessary threats and leaving tremendous value untapped.

You can read the insights from the rest of our expert panel in our InfoGovANZ Key Learnings from 2020 – Action and Insights for 2021 Report. The report was developed from a virtual forum discussing the impact of COVID-19  and IG implications for organisations on data, access to information, trust, transparency and accountability, cybersecurity, global privacy regulatory developments, eDiscovery, ethics and artificial intelligence.

You can also watch the recording of the 28 January 2021 webinar here.

Unlocking Data Value – Ronke Ekwensi

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As we put 2020 behind us and look forward to 2021, we reflected in an interactive virtual discussion forum on the key IG learnings from the past 12 months and the insights and actions we now need to be taking to make the most of the opportunities and challenges on the road to recovery in 2021. We’ve seen the different ways governments have responded to the COVID-19 pandemic and the results in managing the pandemic. Similarly, organisations have had to adapt to the changes and, in particular, to faster digital transformation. Robust governance of organisations and of information has never been so important. Increased cyber risks and the importance of access to real-time and accurate data for decision-making, both at the board level and throughout the organisation, are now critical issues. Our expert panel included InfoGovANZ International Council member Ronke Ekwensi, who is Vice President of Data Management at Prudential.  […]
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Exposure Draft of the Data Availability and Transparency Bill

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  The draft Data Availability and Transparency Bill aims to modernise and streamline the sharing of government data between agencies and with the private and research sectors. Under the legislation, data will be shared for three purposes: government services delivery, informing government policy and programs, and research and development.  The Consultation Paper contains a simplified summary of the legislative package. Submissions made by a group of multidisciplinary practitioners and academics highlight privacy and governance concerns.  These include the override of Australia Privacy Principle (APP) 6 and the inherent conflict of National Data Commissioner whose mandate is to encourage data sharing with the enforcement of the regulation.  The submission recommends that governance and assurance be regulated the Australian Information and Privacy Commissioner.  You can read the submission here.
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Automated Decision Making Transparency under GIPA Act

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The increasing adoption of technology requires the preservation, assurance and assertion of information access rights. To achieve these outcomes, government licensing and contractual arrangements should ensure accessibility and ‘explainability’ in the provision of government services and decision making. The issue of algorithmic transparency of a government agency’s contractor is currently before the NSW Civil and Administrative Tribunal. The Agency provided some information to the Applicant but decided that other information is not held by the Agency as it is held by the Contractor and remains its intellectual property. The GIPA Act provides a right to access information held in a record of an NSW Government agency and that right may also apply to information held by contractors providing services to the public. The NSW IPC has published guidance for agencies under section 121 of the GIPA Act, including a template clause for agencies to include in contracts with third parties […]
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Protecting Privacy by Minimizing Data

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Posted with permission from Active Navigation, originally published on June 1. Ten years ago, there was no such thing as too much data. Notions about data being the “new oil” prompted organizations to horde every byte they could, hoping that they might be able to harness it down the road. Combined with the notion that “storage is cheap,” this belief has led many companies to exponentially increased their risk rather than their opportunity. New data privacy regulations in Europe and the United States impose a significant burden of care on organizations regarding their data collection processes. In fact, data minimization is a fundamental principle within the European Union’s General Data Protection Regulation (GDPR). Whether governed by the GDPR or state privacy regulations like the California Consumer Privacy Act (CCPA), businesses must now limit the personal data they collect and dispose of it once it is no longer needed for a […]
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Is Your Data Estate an Unstructured Mess? How a Spring-Cleaning Project Can Reduce Your Organization’s Risk

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Posted with permission from Active Navigation, originally published on June 10. In this special guest feature, Dean Gonsowski, Chief Revenue Officer at Active Navigation, InfoGovANZ's Foundation Sponsor, focuses on what steps a company needs to follow to review, understand and clean-up their data to eliminate security risks. As a former litigator/GC/AGC, Dean has a proven track record of accelerating the rapid development of high growth, venture backed software companies (such as Relativity/kCura, Clearwell/Veritas, Recommind/Opentext).  He is a seasoned professional with the ability to build/manage teams, run P&Ls in executive leadership roles including Sales, Strategy, Business Development, Marketing and Professional Services. Dean has a JD from the University of San Diego School of Law and a BS from the University of California, Santa Barbara.    The volume and variety of data created in the past decade doesn’t show signs of slowing down – nor does the pace of hacking attempts. Unstructured data, also […]
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COVID19 – Data and Privacy

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COVID-19 has brought to the forefront the importance of real-time accurate data for scientists to analyze and model and for government leaders to make decisions on. InfoGovANZ has complied a series of COVID-19 curated articles and resources, updated monthly. June 2020 OVIC has released new guidance on how the exemptions in the Freedom of Information Act should be applied.  OVIC has updated the FOI and COVID19 FAQs for agencies – read them here – to include questions about the new COVID-19 regulations including: what to do if your agency is completely shut down; and how to verify an applicant’s identity. Australian Information and Privacy Commissioner (OAIC) has updated it’s FOI FAQ with the latest COVID-19 relevant questions including how to make an FOI complaint during the COVID-19 outbreak. May 2020 Australian and New Zealand Information Access Commissioners join with their international counterparts in their clear call for documentation, preservation and […]
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COVID19 – EU, US & International Resources

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Below is a collection of useful privacy and data protection resources from the EU, US and globally. Data Protection Authorities guidance on COVID-19 published by Data Protection Authorities (DPAs) collated by International Association of Privacy Professionals. These provide information and frequently asked questions on data processing and COVID-19 across a range of countries. Resources page on crucial privacy and data protection law issues arising from COVID-19 covering the EU & globally by Law, Science, Technology & Society of the Vrije Universiteit Brussel. The Initiative is of direct interest for LSTS researchers, most notably in the context of the Brussels Privacy Hub (BPH) work on data protection in humanitarian action as well as the work of ALTEP-DP project. US Privacy and Data Protection Resources related to COVID-19, together with other international resources has been compiled by the Future of Privacy Forum.
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What is Good Government Data Sharing?

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The Australian Federal Government has been conducting an extended consultation as to how data linkage and data sharing between government agencies might be accommodated through a special purpose statute that walks the fine line of maintaining digital trust and meeting data privacy concerns of citizens and civil society organisations, while facilitated controlled good data sharing between agencies.  The Data Availability and Transparency Bill (DATA), is proposed to be released in this calendar quarter. In this in depth analysis, Professor Peter Leonard has canvassed the challenges which this new federal data sharing law will need to address and compared current proposals with existing government agency data sharing laws in NSW, Vic and SA. While Peter concludes that the DATA is a welcome development, he also notes that bigger questions loom about use of the powerful tools which data sharing puts into the hands of Governments, as illustrated by the Robodebt controversy.  […]
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Privacy-Preserving Data Sharing Frameworks

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This is the third in a series of papers and develops a practical solution providing a framework for privacy preserving data sharing, addressing technical challenges as well as data sharing issues more broadly. It builds on the 2018 ACS Report, Privacy in Data Sharing: A Guide for Business and Government, expanding the concept of a Personal Information Factor and introducing a Utility Factor with worked examples. Download the report here
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Infonomics – valuing information assets

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  Infonomics is the discipline of valuing Information Assets and it is based on the idea that information is an enterprise asset that should be counted and managed.  This article explains why Infonomics is becoming increasingly important. Information Assets (data, information, published content and knowledge) are arguably an organisation’s most vital and strategic resource.  Providing the right data to the right people at the right time is critical to every business activity, every business process and every business decision.  Information Assets are the only ones that cannot be replaced if lost or destroyed.  They are foundational to all high-profile business solutions and technology enablement: to analytics, artificial intelligence and machine learning; cyber-security; cloud computing; Blockchain and the Internet Of Things; and almost any form of innovation and disruption. Unlike other physical or even financial assets that can only be used once then are used-up, any Information Assets can be used […]
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Identity Conference 2019 – Identity as taonga: now and in the future

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He taonga te tuakiri: āianei, haere ake nei New Zealand’s Identity Conference 2019 was the fourth in a series of conferences that began in 2008.  The conference was held at the Museum of New Zealand Te Papa Tongarewa, Wellington, on 26 and 27 August 2019.  The conference purpose or ‘big idea is to look at the identity-related problems of today and the solutions of tomorrow’.  Carol Feurriegel recounts some of the highlights from the conference.  “Identity is a complex and sensitive area. It reflects our sense of self and it is also at the heart of relationships between people and organisations. Our Identity is our taonga” to quote Professor Steve Warburton, in his keynote address as Chair of the Identity Conference 2019 on Monday 26thAugust. It is fitting that the premier event that takes a multi-disciplinary perspective on Identity is held at Te Papa Tongawera, Museum of New Zealand in Wellington. “Taonga” means ‘treasure’ in […]
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Data as a Strategic National Resource: The Importance of Governance and Data Protection

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  As we rapidly move toward a technology-driven, globally interconnected world, the exponential growth in data collected by business and government enables significant value to be derived from this resource. In December 2015, the Australian Government released its Australian Government Public Data Policy Statementas part of the National Innovation and Science Agenda, recognising data as ‘a strategic national resource that holds considerable value for growing the economy, improving service delivery and transforming policy outcomes’. While there is the potential to derive enormous value from data, there is a fundamental requirement that data be secured, meaning both government and business must protect citizens’ and consumers’ personal information. Key to achieving the benefits of data optimisation and mitigating the inherent risks is governance. Good governance enables organisations to control data by securing, protecting, managing and optimising the value of data. Digital Continuity 2020 Policy Supporting the Australian Government’s digital transformation is the Digital Continuity […]
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Putting People and their Data at the Centre – investing in the social wellbeing of Aotearoa

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  Jacinda Ardern’s announcement of her intention to deliver New Zealand’s first ‘Wellbeing Budget’ at the World Economic Forum in Davos in January caused headlines as the world’s youngest female head of state outlined an approach to economic measurement that put people’s needs at the centre of the government investment agenda. Ardern said “politics needed to be more altruistic and more long term” to address the deep-rooted inequalities in New Zealand’s current economic outlook and to address the challenges emerging from issues such as climate change and automation. World leaders and economic institutions have been watching the ‘little country at the bottom of the world’ with great interest, as they embark on this experiment that could change the way governments develop social strategy and assess the effectiveness of their social policies. For many years institutions like the OECD have been encouraging economies to look beyond just economic measures of success and […]
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