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Automated Decision Making Transparency under GIPA Act

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 […]

Protecting Privacy by Minimizing Data

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 Your Data Estate an Unstructured Mess? How a Spring-Cleaning Project Can Reduce Your Organization’s Risk

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 […]

For Governance, Integration Matters

Effective corporate governance is not a one-size-fits-all approach, as recognised by regulators and self-regulatory organisations around the world. Principles propounded by local advisory and governing bodies provide guidance on how to effectively and transparently manage an organization and ensure it is meeting its obligations to all stakeholders. We will examine how corporate governance principles can be enhanced and improved by the explicit integration of information governance into companies’ corporate governance schema. Corporate Governance Corporate governance is, in its most general terms, how a business is controlled, governed, and operated. Principles of good corporate governance include fairness, accountability, responsibility, and […]

Information Governance Key to Good Corporate Governance

Information governance, data protection and security, privacy, cybersecurity and artificial intelligence (AI) have all become critical topics for boards and government bodies to consider. Historically, the issues tended to be dealt with under either ‘IT’ issues or records and information compliance issues. In recent years, the importance of cybersecurity, AI and data analytics together with changing privacy regulations have brought new governance challenges to the forefront of the minds of directors. Top issues for Directors There are common themes in the surveys of top issues confronting Boards of Directors, which have been carried out in recent years. These include the […]

COVID19 – Global Open Data Initiatives

The Open Government Partnership (OGP) has created a webpage collating government approaches responding to COVID-19. The open government community is focused on applying the principles of transparency, accountability and participation to the COVID-19 response. The webpage contains a crowd sourced list from a wide range of countries with a variety of initiatives, including: the release of theoretical models and data underpinning governments’ strategies; digital platforms and apps to keep citizens informed; and efforts tackling misinformation and disinformation online. The Open Government Partnership (OGP) is a multilateral initiative that aims to secure concrete commitments from national and local governments to […]

Information and Data Governance Driving Interoperability

Achieving interconnected services, sharing and re-using information and data assets requires strategic planning and investment. The Data Interoperability Maturity Model (DIMM) is the latest advice from the National Archives of Australia for building interoperability under the Digital Continuity 2020 Policy. It highlights the importance of information and data governance to drive interoperability initiatives. The Director-General of the National Archives of Australia, David Fricker stated, ‘it is often said the data is the ‘oil’ of the 21st century, because in the future data will be the principal resource that drives our economy and our way of life. Just like oil, data […]

Automated Speech Recognition

While Automated Speech Recognition (ASR) technology has been present in various forms for decades, advances in statistical modelling, artificial intelligence (AI) and automation connectively have resulted in a new frontier for speech-based interaction between humans and computer systems. In this article Dr Peter Chapman, Director in the KPMG Forensic Technology team and InfoGovANZ advisory board member, details some of the current applications of ASR technology and offers guidance on a number of emerging governance issues associated with these technologies. As a concept, computerised Automated Speech Recognition (ASR) has been around almost as long as the computer itself. However, only in […]

Information Governance 2020

The Information Governance 2020 Roundtable took place on Monday, 18 November at the Governance Institute of Australia. The event covered highlights from the recent InfoGovANZ Survey Report, privacy developments and trends globally, the new ISO working group developing an Information Governance standard, and the new records management cloud-based system utilising machine learning at the Australian Human Rights Commission. There was a great turn out of members, sponsors and interested parties for a fantastic session covering a broad range of IG topics. Executive Director, Susan Bennett started the ball rolling with a summary of valuable insights from the most recent InfoGovANZ […]

Information Governance: optimising the lifeblood of organisations

Figure: The Elements of Information Governance diagram Data and information are increasingly becoming the lifeblood of organisations. However the exponential amounts of data being collected by companies and government alike, together with the risks and costs of holding and securing this information, have created a new set of issues for those responsible for organisational governance. A healthy circulatory system increases overall health and improves our ability to function. Likewise, the optimal use of data and information will improve the effectiveness of an organisation. This article explains why identifying and co-ordinating the areas, people and technologies responsible for keeping the lifeblood […]

Information Governance as a Key Enabler of Successful System Design

This is the first in a series of articles explaining how design information governance (IG) adds to the ontological and structural language that creates the ‘sensemaking’ framework for complex adaptive systems. In doing so, IG provides a foundational enterprise capability which enables adaptive behaviour and organizational resilience in the face of changes in the internal and external environment. Modern society is enabled by systems, some of them technology-centric like our road and rail networks, some human-centric like our system of parliamentary democracy, and some a more balanced mix like our health system. Successful systems are those that are effective […]

Information & Data Trends & Challenges – IAM 2019

InfoGovANZ joined with National Archives and other professional organisations including RIMPA, IM, DAMA, Australian Society of Archivists, Australian Library and Information Association as part of Information Awareness Month. The event provided an opportunity for industry leaders to share perspectives on contemporary information and data management trends and challenges. The Many Voices, One Message booklet summarising the key themes and topics discussed at the workshop has just been published this week. Access the booklet

Corporate governance in the digital economy: The critical importance of information governance

Information is critical to decision-making and plays an essential role across all three pillars of governance. The emerging driver of good information governance globally is compliance with regulatory obligations, particularly with the growth in global privacy laws. Effective information governance requires top-down board and senior executive leadership. Good corporate governance in the data driven and digital economy poses significant challenges for Boards and seniors executives. This article highlights the importance of information governance to ensure there is a unified strategy and framework to govern information effectively. Good information governance enables organisations to maximise the value of information as a […]

Jason R Baron: The Need for Information Governance more than ever

Presidential tweets, Self-destructing messages and the use of Shadow IT as the ‘new normal’: The need for Information Governance more than ever – Jason R Baron Thanks to Gilbert+Tobin and Thomson Geer for hosting very successful and engaging events in Sydney and Melbourne with Jason R. Baron presenting ‘Presidential tweets, Self-destructing messages and the use of Shadow IT as the ‘new normal’: The need for Information Governance more than ever’. Jason’s keynote was followed by panel discussions facilitated by Susan Bennett, Co-founder InfoGovANZ – the Melbourne panel included Victorian Privacy and Data Protection Commissioner, Rachel Dixon and Paul Noonan, Technology […]

Governance Documents – the essential building blocks of Information Governance

What is Information Governance? Effective Information Governance is a key factor in delivering strong Corporate Governance. An organisation’s information governance defines the rules and the roles for protecting information, ensuring its proper use and providing maximum value to the business. Information governance is also concerned with protecting sensitive information, preserving and sharing knowledge, keeping records and mitigating information risks. Why is it important to corporate governance? Good information governance supports an organisation’s strategic objectives and corporate governance approach in a very pragmatic way by providing the tangible mechanisms (intellectual, architectural and procedural) for getting the right information to the […]

Impact of Technology and Information Governance: impact of AI and Unconscious Bias

In Australia, New Zealand and around the world, the impact of social media and a 24/7 news cycle, has changed the ability of simple stories that would have been forgotten within days to be reported immediately and that the ‘trending’ of topics, indexed by hashtags (#) hurts the corporate world. The need for clearer communications strategies, especially in times of crisis management, has never been so urgent. Having a clear spokesperson, probably the CEO, who can explain events as they unfold and with transparency and integrity answer questions as are launched by journalists, competitors, regulators, lobbyists and shareholders, to name a few […]

Governance Documents – creating a ‘Common Language’ for Corporate Governance

In the first article in this series (here) I described why ensuring consistent information about how the business is operated and what standards are expected to be met is part of the ‘common language’ required for effective corporate governance and why it is essential to safe and efficient business operations. Establishing and communicating a simple governance document hierarchy in your organisation supports better corporate governance by creating a shared understanding of the key tools used to embed corporate culture, establish strategic priorities, maintain business operations and to control risks. Every business function and discipline in your organisation should have a suite of high quality, […]

Information Governance Leadership

Cyberattacks, data breach, privacy of customers, citizens and employees’ personal information, together with the opportunities to create value from data and information held by organisations – are major drivers for organisations to implement a strategic approach to the governance of data and information as part of good corporate governance. Information Governance provides an overarching strategic framework for organisations seeking to control and secure information throughout their organisation, which both maximises the value of information and minimises the costs and risks of holding it. Twelve months ago, the Director-General of the Australian National Archives called for Chief Information Governance Officer positions […]

Unpacking the Benefits of Information Governance

The Information Governance Imperative Information Governance is a key issue for organisations in today’s security conscious world. The imperative driving this surge in interest is twofold, but is essentially all about risk management: The fast pace of the evolving digital world can disrupt existing businesses that don’t have a proactive Information Governance program; and Effective leadership of Information Governance is the key to ensuring appropriate strategies, priorities, policies and processes are successfully embedded in an organisation to maximise the opportunities and minimise the risks arising from the information it holds. The value for organisations is to enable the delivery of […]

A Practical Guide to Information Governance

Table of Contents Executive Summary Information in the Digital Age Information Challenges Introducing Information Governance Benefits of Information Governance Information Governance Framework Implementing Information Governance Information Governance Definitions Acknowledgements 1. Executive Summary 1.1 Introduction Most company directors and senior company officers take their Corporate Governance responsibilities seriously, they understand the mechanisms and processes by which a corporation is controlled and directed. They also have a good understanding about the roles and relationships that are required between the business, risk and compliance, audit, HR and even Information Technology (IT), and the standards and processes that need to be put in […]

Why Information Governance Needs Top-Down Leadership

Effective leadership of information governance (IG) is key to ensuring that appropriate strategies, priorities, policies and processes are successfully embedded in an organisation, both to maximise the opportunities and minimise the risks arising from the information it holds. Download Now

NAA’s new policy: Building Trust in the Public Record

The National Archives of Australia (NAA) has published its draft new policy Building Trust in the Public Record: managing information and data for government and community is now available for comment. It has been released together with a list of supporting advice that exists, or will be developed or updated, to support the policy. The new policy will take effect from 1 January 2021 and will follow the current Digital Continuity 2020 policy (DC2020) which concludes at the end of this year. The policy seeks to improve information management capability within the Australian Government to meet current and future needs for […]

OAIC Data Breach report: January – June 2020

The Office of the Australian Information Commissioner (OAIC) has released its Notifiable Data Breaches (NDB) Report for January to June 2020. Malicious or criminal attacks remain the leading cause of data breaches involving personal information in Australia. Commissioner Angelene Falk said, ‘this trend has significant implications for how organisations respond to suspected data breaches — particularly when systems may be inaccessible due to these attacks. It highlights the need for organisations to have a clear understanding of how and where personal information is stored on their network, and to consider additional measures such as network segmentation, robust access controls and encryption.’ In […]

Information Security Risk Management Practitioner Guide – OVIC

The Office of the Victorian Information Commissioner (OVIC) issues security guides to support the Victorian Protective Data Security Standards (VPDSS). This document provides organisations with guidance on security risk management fundamentals to enable them to undertake a Security Risk Profile Assessment (SRPA) as required under s89 of the Privacy and Data Protection Act 2014(PDP Act) and is designed to support practitioners and information security leads.

Information Governance + COVID-19 Roundtable Report

To celebrate Information Awareness Month (IAM2020) and Privacy Awareness Week (PAW2020), we kicked off with an online panel discussion on the myriad of Information Governance issues arising from the COVID-19 pandemic. Our panellists included – Melanie Marks, Christopher Colwell, Sonya Sherman, Dr Peter Chapman, Matthew Golab and the discussion was facilitated by Susan Bennett. The importance of connectivity and of access to trusted information, the role of fit for purposes systems to capture records during a crisis and accountability for decisions made during the pandemic period were all highlighted. Discussion around the COVIDSafeApp emphasised that privacy by design and governance […]

Broken Trust – The Information Security Dangers of Insider Threats

The increasing awareness of external cyber-security threats has executives focused on how their organisation can be defended against the “enemy at the gates”. But are organisations just as much at risk from an “enemy within”? In this article Dr Peter Chapman, Director in the Ferrier Hodgson Forensic Technology and eDiscovery team and InfoGovANZ advisory board member, provides an opinion and case study on insider threat. The media provides us with constant reminders of the threat of cyber-criminals and other external attackers. Recent legislative and regulatory changes such as the European Union GDPR requirements and mandatory breach notification amendments to […]

Information Security & Information Governance – how they work together

Information (data) security, cybersecurity and IT security all usually refer to the protection of computer systems and information assets by suitable controls, such as policies, processes, procedures, organizational structures and software and hardware functions. The type and extent of controls depends on the scope and maturity of the business function (usually the Security Department) applying the controls, or, depends on the specialisation/focus of the team, such as Perimeter/Firewall or Identity Management. Each function tends to have a different perspective of information security, compared to other functions, due to their focused specialisation. A close parallel is the health profession. You see […]

Cyber Insurance: how it works and the benefits of Information Governance

As the number and size of cyber attacks on businesses continues to increase, the risk of experiencing a data breach is higher than ever. The resulting cost of these breaches can be significant – according to the Ponemon Institute’s 2017 Cost of Data Breach Study, these totalled $2.51 million per year across the organisations that were recruited for the research. As a result, an increasing number of organisations are choosing to invest in a cyber insurance policy, which allows them to claim cyber incident response expenses, regulatory fines, legal defence costs and business interruption losses. In other words, offset […]

NAA’s new policy: Building Trust in the Public Record

OAIC Data Breach report: January – June 2020

P3 Project Privacy Podcast from Active Navigation

Looking for a new podcast about data privacy? Active Navigation has exactly what you need – the P3: Project Privacy Podcast aims to help you understand the evolving data privacy landscape. Episodes include: The ROI of Proper Data Management; Records Management in Highly Regulated Industries; High Stakes Records Management; The NIST Privacy Framework; Open Data During Times of Crisis. You can listen to the podcast anytime on the Active Navigation website.

Information Security Risk Management Practitioner Guide – OVIC

OAIC Privacy Assessment tool

OAIC launched a new Privacy Impact Assessment Tool (DOCX), which helps you conduct a PIA, report its findings and respond to recommendations. Accompanying the Guide to undertaking privacy impact assessments, entities are encouraged to take a flexible approach and adapt this tool to suit the size, complexity and risk level of their project.

Data Privacy in APAC – comparative review on cross-border transfers

The Asian Business Law Institute recently published a Comparative Review and Table on the laws and regulations on cross-border data transfers in 14 APAC jurisdictions. This publications provides an overview and analysis of the transfer principles, legal grounds and mechanisms that operate in the laws in the region, on eg consent, contracts, BCR, certification, CBPR, privacy codes, adequacy, statutory exemptions, and localisation. This Review sets out proposals for how Asian public stakeholders may promote legal certainty and greater consistency between their respective laws and regulations on cross-border transfers of personal data in the region. This Review is supported by a comprehensive […]

COVID19 – Data and Privacy

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. […]

Australia and New Zealand’s COVID-19 Contact Tracing Apps – Differences in Approach on the Road to Recovery

While Australia and New Zealand were able to flatten the COVID-19 curve, the approaches of each country have somewhat differed, both in relation to the level of restrictions imposed on citizens, as well as the type of contact tracing technology deployed. Australia and New Zealand stand alongside Germany, South Korea and Singapore as examples of countries that followed the advice of their scientists and moved into lockdown in a timely way to limit the spread of the COVID-19 virus. Australia, similar to other countries, experienced a doubling of COVID-19 positive people every two days as it went into lockdown. The […]

COVID19 – Contact Tracing publications

There have been a variety of perspectives on the COVIDSafe app released on 26 April 2020 and the CovidSafe Act enacted on 14 May 2020. Professor Peter Leonard from UNSW Business School in ‘Novel coronavirus spawns novel law-making in Australia‘, looks at the consultative process that resulted in data governance and data accountability in the CovidSafe Act to ensure that the data collected would be safe from other arms of government for other purposes. Visting Professor Roger Clarke at UNSW Law has looked at early user-experiences of the app and questioned the ability of the app to achieve its aim […]

COVID19 – NZ COVID Tracer App

New Zealand’s Ministry of Health launched the NZ COVID Tracer app on 20 May 2020, in a move welcomed in a statement by the NZ Privacy Commissioner. You can read the privacy impact assessment here. Living in a world with COVID-19 means greater requirements to register your presence wherever you go. But what does that mean for your privacy? NZ Privacy Commissioner John Edwards speaks about good policy when it comes to protecting people’s privacy in any technical solution to contact tracing in this interview.

Privacy Awareness Week 2020

InfoGovANZ was a proud supporter of Privacy Awareness Week again this year. The theme was a timely and important reminder for all to Reboot your Privacy. There were a variety of events and activities across Australia as well as some important publications: The Australian and New Zealand Privacy Commissioners & IDCare’s Managing Director discussed the importance of in Privacy in a Pandemic in a webinar which you can download and watch here. Read the Reboot your Privacy Guide and protect your personal information online. Keep up to date with the latest COVID-19 (coronavirus) scams. What to do if you receive […]

IAM2020 – Critical role of Information in our changing environment

IAM2020 was launched by Director-General of the National Archives of Australia, David Fricker with an engaging panel discussion with Information Commission NSW – Elizabeth Tydd, digital media expert on the role of information and impact of misinformation Dr Timothy Graham, and Kathryn Dan, Blue Shield Australia. The critical roles of data, access to information and the challenges of misinformation were highlighted in the current COVID-19 pandemic as well as the recent Australian bushfires. You can access the recording of the session here: IAM2020 Launch High Res Recording | IAM2020 Launch Low Res Recording

Information Governance + COVID-19 Roundtable Report

Privacy Awareness Week 2020: 4th-10th May

As we shift even more of our day-to-day activity online during the COVID-19 pandemic, Privacy Awareness Week is an important reminder to Reboot your privacy. Check and update your privacy controls Consider the alternative when giving or asking for personal information Delete any data from old devices and securely destroy or deidentify personal information if it’s no longer needed for a legal purpose. Explore the PAW website to find out more on how to join in the conversation to promote privacy awareness, and sign up as a supporter.

Australia Considers How to Approach Pandemic Contacts Tracing

COVID-19 has brought to the forefront the importance of real-time accurate data for scientists to analyse and model and for government leaders to make decisions on. A number of articles have highlighted the importance of data and privacy, including Australia Considers How to Approach Pandemic Contacts Tracing by Jeremy Kirk, Executive Editor for Security and Technology, Information Security Media Group.

Video Conferencing – Privacy Policy Checks

Stay at home requirements during COVID-19 have led to a dramatic increase in video conferencing for both work and maintaining social connections with family and friends. The adoption of video conferencing tools over the last weeks has been impressive but it calls into question whether are most users aware of the data and privacy implications of using these tools. NYOB, an EU based not-for-profit with the mission of making privacy a reality, has carried out a review of the privacy policies of six video conferencing tools: Zoom, Webex Meetings (Cisco), Meeting (LogMeIn), Skype and Teams (both Microsoft) and Wire. Report […]

COVID19 – EU, US & International Resources

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 […]

COVID19 – Global Open Data Initiatives

Active Navigation – Equifax Case Study

Following the highly publicised Equifax data breach in 2017, Active Navigation’s software was deployed into a complex tech stack and worked to identify, classify and protect sensitive data assets. While IG, Legal, Risk and eDiscovery practitioners understand the need to minimise data in accordance with justifiable disposition of data and records, privacy regulations are now also drivers for organisations to review the personal information they are collecting. GDPR’s principle of data minimisation is making organisations rethink what constitutes acceptable data use. Australian Privacy Principle 11.3 requires an APP entity to take reasonable steps to destroy or de-identify personal information that […]

Keynotes of Privacy Commissioners at IAPP ANZ Summit – Sydney 2019

The challenge of regulating nationally in a global data sharing environment was a common theme in the keynote speeches delivered by Australia’s and New Zealand’s Privacy Commissioners at the 2019 IAPP ANZ Summit. Compliance is not enough · Australian Information Commissioner and Privacy Commissioner — Angelene Falk, spoke of the trends and changes impacting the local landscape, noting that there is now a need to ensure the Privacy Act remains ‘fit for purpose’ into the next decade. She also pointed to the continuing ‘convergence of privacy principles and standards’ internationally, influenced by the GDPR and the need for a […]

Release of the Palace Letters – National Archives of Australia

After 37 years we can view the correspondence between the Governer-General and the Palace in the lead up to the dismissal of the Whitlam Government. Watch National Archives of Australia Director-General David Fricker on the release of the Palace Letters – all 1,200 pages, here: https://bit.ly/300Kb0U Congratulations to Professor Jenny Hocking on the historic High Court win enabling the National Archives of Australia to release the records. The Palace Letters are now available to download as PDFs on the National Archives of Australia website.

Digital Records and the GIPA Act – IPC NSW

The Information and Privacy Commissioner NSW has developed a fact sheet to provide guidance about the definition of record, in particular digital records under the GIPA Act and what it means for agencies. The fact sheet also outlines the importance of agencies maintaining good digital recordkeeping practices to ensure it is able to comply with its legislative obligations.

IAM2020 – Critical role of Information in our changing environment

Information Governance + COVID-19 Roundtable Report

FOI and Building Trust

The theme of Building Trust was the focus of the FOI in WA conference recently. Trust was explored in two ways. Firstly, considering how Freedom of Information (FOI) can build public trust in government; and secondly, advice and inspiration to help practitioners trust themselves and the FOI process to meet the objects of the FOI Act (WA): to enable the public to participate more effectively in governing the State’ and to make the persons and bodies that are responsible for State and local government more accountable to the public. Emeritus Professor Geoff Gallop AC gave the keynote presentation. He discussed […]

RIMPA Live Convention 2019

RIMPA Live 2019 was held at the Marvel Stadium in Melbourne, marking 50 years of RIMPA and its 35th Annual Conference. It was a conference filled with a keynotes, plenary sessions and roundtables over the three days of the conference. There were several keynotes including CTO and entrepreneur Gus Balbontin, Richard Foy, New Zealand’s Chief Archivist, information thought-leader Randy Kuhn Esq from the US and Kevin Sheedy AO, AFL Legend. The first fifty years of RIMPA The conference kicked off with David Moldrich Life FRIM outlining the history of the Australian recordkeeping profession and some of the key moments in […]

Recordkeeping in Information Governance

Information Governance is by its very nature interdisciplinary. Of course it needs leaders, but great information governance leaders are those that enable a multi-disciplinary team approach to thrive. This is best done by allowing the distinct approaches to information brought by members of the team to exist in both cooperation and creative dissent. The organisational context and information culture determines exactly which skills are brought into the collective mix of information governance, but typically it includes compliance, risk, privacy, risk, security, recordkeeping, data management and analytics (and more in the American context, e-discovery). Each of these focus areas bring specific […]

Legalweek NYC 2020 – The Down Under Perspective

Legalweek 2020 brought together thousands of legal professionals to discuss business, regulatory, technology and talent drivers impacting the industry. The week featured workshop boot camps, conferences, networking events and hundreds of technology exhibitors on the tradeshow floor. There are three main conferences: Legaltech (the world’s longest running legal technology trade show), LegalCIO, and Legal Business Strategy. Around the main conferences there are many other events, a few of these are highlighted below. The following week The Sedona Conference’s International Working Group 6 annual program focusing on cross-border discovery and data privacy was held at the New York Law School. AI […]

Social Media Perils in Litigation – InfoGovANZ

In this InfoGovANZ event, the implications and dangers of the widespread use of social media and apps were highlighted in their evidential value in investigations and litigation. The importance of technical and forensic expertise in the discovery process was demonstrated by reference to particular cases and technology tools by Brett Webber, Principal, ConsilAD and Matthew Golab, Director of Legal Informatics and R&D at Gilbert + Tobin. Susan Bennett, Executive Director InfoGovANZ and Principal, Sibenco Legal & Advisory discussed the duties of technology competence and confidentiality, which extends to cybersecurity to protect client information and the implications of a recent High Court […]

LegalTech 2019 – an Australian and New Zealand Perspective

In the last week of January 2019, we joined an estimated 8,000 others in the legal technology community in New York for LegalTech. For the past three years it has been part of the larger Legalweek, which includes a myriad of concurrent events including LegalCIO, LegalMarketing, Business of Law Forum, and Legal Diversity & Talent Management. Commonwealth Brunch Our week kicked off on a blue-sky morning with the Commonwealth Brunch in the famous Tavern in the Park. The Brunch is a tradition initiated by our late dear friend Nigel Murray. Nigel had been attending LegalTech for some 20 years and enjoyed […]

How eDiscovery is managing the challenge of what constitutes Personal Information

The terms Personal Information or Personal Data have been increasing in usage for a while, and with the recent focus on the European GDPR, and the Australian NDB (Notifiable Data Breaches). This article considers these definitions from the perspective of document production in litigation and regulatory investigations – the process of eDiscovery. In eDiscovery we are used to redacting sensitive information – most typically legally privileged or commercially sensitive information. However, prior to the commencement of the Royal Commission into the Financial Services Industry (FSRC) the volume of documents requiring redaction was fairly modest in most matters. This certainly […]

AI and the Law – the future is here

Artificial intelligence (AI) is already making significant inroads to the practice of law and producing efficiencies and cost savings. This article looks at how AI is being utilised in different parts of legal practice and the transformation of legal practice that is already underway in the delivery of legal services from litigation through to contract management and Chatbots. Litigation & eDiscovery The production of documents has traditionally been a very expensive part of the litigation process. The development of eDiscovery software tools to identify, retrieve, process, filter and search provides significant costs savings in the litigation process. These cost savings […]

The Governance of Things – eDiscovery in Australia and New Zealand

eDiscovery is the production of relevant documents that parties to litigation or an inquiry are required to produce to either a Court, Royal Commission, Commission of Inquiry or to a government regulator. The eDiscovery industry is a global industry reflecting the enormous growth in information and the specialised technology which has developed to meet that challenge. While eDiscovery is a specialist area of legal technology the challenge of document production extends well beyond in-house legal departments and requires the assistance of IT departments and records management. Download Now

The Governance of Things – Increasing Acceptance of Technology Assisted Review

In December 2016, the Supreme Court of Victoria endorsed the use of Technology Assisted Review (TAR) in the eDiscovery process in the case of McConnell Dowell Constructors v Santam. This was the first time TAR had been approved for use in litigation in an Australian Court. The use of technologies like TAR assists parties in litigation to meet the requirements ‘of a just, efficient and cost-effective resolution of the dispute’ by reducing the time and cost involved in large scale document production during the discovery process. Download Now

Automated Decision Making Transparency under GIPA Act

Protecting Privacy by Minimizing Data

Is Your Data Estate an Unstructured Mess? How a Spring-Cleaning Project Can Reduce Your Organization’s Risk

COVID19 – Data and Privacy

COVID19 – EU, US & International Resources

Privacy-Preserving Data Sharing Frameworks

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

Infonomics – valuing information assets

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 […]

Identity Conference 2019 – Identity as taonga: now and in the future

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 […]

Data as a Strategic National Resource: The Importance of Governance and Data Protection

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 […]

Putting People and their Data at the Centre – investing in the social wellbeing of Aotearoa

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 […]

Are You Prepared for a Data Breach Crisis?

Your company is entrusted with sensitive, personal data – that of your employees, customers, investors, and others. These individuals trust that you are protecting their privacy and managing that information to their expected standards. This trust is critical to the long-term success of your company. The question is: when a data breach happens, are you prepared? A data breach involving personal information can put affected individuals at risk of personal and economic harm and, consequently, severely damage an organisation’s reputation. This year, more than one million Australians had their private data lost or stolen in just ONE data breach, and […]

Privacy in Data Sharing: A Guide for Business and Government

This paper describes a framework for privacy-preserving data sharing, addressing technical challenges as well as some data sharing issues more broadly. The paper builds on the 2017 ACS paper, Data Sharing Frameworks 1, expanding the concept of a Personal Information Factor and introducing a Data Safety Factor with recommendations for threshold settings. Read the paper here

Data Sharing Frameworks

EU/US data transfers under Privacy Shield invalidated

On 16 July 2020, the European Court of Justice invalidated its previous Decision (2016/1250) and the EU-US Privacy Shield, which enabled certified companies to transfer personal data between the EU and the US. The case was brought by Max Schrems (the founder of NYOB) an Austrian resident, who had lodged a complaint with the Irish privacy regulator that the transfer of his Facebook data from Facebook’s servers in Ireland to the US did not provide sufficient protection against access by the US public authorities. The Court found that, based on the use and access by US public authorities and surveillance […]

EDPS Opinion on the EU Commission’s White Paper on AI – the European approach to excellence and trust

As a part of a wider package of strategic documents, the European Commission published a White Paper on “Artificial Intelligence: A European approach to excellence and trust”, which we brought you in our April newsletter and is available here. This Opinion presents the EDPS views on the White Paper as a whole, as well as on certain specific aspects, such as the proposed risk-based approach, the enforcement of AI regulation or the specific requirements for the remote biometric identification (including facial recognition). The EDPS recommendations in this opinion aim at clarifying and, where necessary, further developing the safeguards and controls with respect […]

The impact of the GDPR on Automated-Decision Making

Addressing the relation between the EU General Data Protection Regulation (GDPR) and artificial intelligence (AI) this report considers challenges and opportunities for individuals and society, and the ways in which risks can be countered and opportunities enabled through law and technology. The study led by Professor Sartor for the Future of Science and Technology (STOA), within the Secretariat of the European Parliament, discusses the tensions and proximities between AI and data protection principles, such as purpose limitation and data minimisation. The report makes a thorough analysis of automated decision-making, considering the extent to which it is admissible, the safeguard measures […]

NZ – Algorithm Charter for Aotearoa New Zealand

On 29 July 2020, more than New Zealand 20 Government agencies signed the Aotearoa Algorithm Charter, committing to be transparent about when they use algorithms and how those algorithms operate. This makes New Zealand the first country to develop standards governing the use of algorithms by the public sector, after Statistics Minister James Shaw made his annoucements. The charter, which has already been signed by 21 ministries and agencies, requires signatories to be transparent about when they use algorithms and how those algorithms function. “Most New Zealanders recognise the important role algorithms play in supporting government decision-making and policy delivery, […]

AI Standards: From Principles to Implementation

With the proliferation of AI principles worldwide1, industry is faced with a new challenge: how to implement these AI principles? Since 2017, the international committee responsible for the standardization of AI (SC 42) has been tackling this challenge: it is developing standards covering both technical and organisational specifications to enable responsible and trustworthy AI. Forty-four countries are currently involved in the work of SC 42, and Australia plays an active role in the development of the AI international standards, as it has formed standards committee IT-043 to be Australia’s voice at SC 42. When it comes to AI, it is […]

UK – AI and its impact on Public Standards

On 10 February 2020, the UK’s Committee on Standards in Public Life published its report on AI and its impact on Public Standards to ensure that high standards of conduct are upheld as technologically assisted decision making is adopted more widely across the public sector. The report makes clears that on issues of transparency and data bias in particular, there is an urgent need for guidance and regulation. The report also emphasises that public bodies must comply with the law surrounding data-drive technology and implement clear, risk-based governance for their use of AI.

US – Draft Guidance for AI regulation

On 7 January 2020 the White House’s Office of Science and Technology Policy (OSTP) released a draft Guidance for Regulation of AI for Federal Agencies to consider for the use of AI including: public trust, public participation, fairness, scientific integrity, risk assessment, benefits and costs, flexibility, fairness, transparency, safety and security, and interagency co-ordination. In contrast to the position taken by the Europeans, the US government position is that it does want AI to be highly regulated, with the OSTP draft Guidance stating, ‘Federal agencies must avoid regulatory or non-regulatory actions that needlessly hamper AI innovation and growth’. On 24 […]

Singapore City, Singapore - July 17, 2015: Marina Bay is a bay near Central Area in the southern part of Singapore, and lies to the east of the Downtown Core. The area surrounding the bay itself, also called Marina Bay

Singapore – Model AI Governance Framework

The Singaporean Privacy Data Protection Commission (PDPC) released the second edition of the Model AI Governance Framework in January 2020. The Guiding Principles includes that decisions made by AI should be explainable, transparent and fair and that AI systems should be human-centric. Along with the framework is a Compendium of Use Cases, demonstrating how local and international organisations, across different sectors and sizes, implemented or aligned their AI governance practices with all sections of the Model Framework. There is also an Implementation and Self-Assessment Guide for Organisations (ISAGO), which is a collaboration with the World Economic Forum’s Centre for the […]

Automated Speech Recognition

Closer to the Machine: Technical, social and legal aspects of AI

OVIC has collaborated with experts in AI including Professor Toby Walsh (UNSW and CSIRO’s Data61), Professor Richard Nock (Australian National University and CSIRO’s Data61), Dr Jake Goldenfein (Cornell Tech, Cornell University) and others to produce an e-book on AI. You can download the e-book Closer to the Machine from OVIC here

NIST plan for AI Standards Development

NIST has released a plan for prioritising federal agency engagement in the development of standards for AI. The plan recommends the federal government bolster AI standards-related knowledge, leadership and coordination among agencies that develop or use AI; promote focused research on the trustworthiness of AI systems; support and expand public-private partnerships; and engage with international parties. Read more here

50 Principles for Responsible AI

Roger has followed up the Guidelines with ‘Principles and Business Processes for Responsible AI’ with a view to protecting the organisation’s own interests and also those of its stakeholders and society as a whole. He presents a set of 50 Principles for Responsible AI, arising from a consolidation of proposals put forward by a diverse collection of 30 organisations. To apply those Principles, he recommends adapted forms of the established techniques of risk assessment and risk management. Read the article

Principles and Business Processes for Responsible AI

The promise of data analytics brings with it considerable risks. Canberra-based consultant and researcher Roger Clarke recently published a set of Guidelines, whose purpose is to intercept ill-advised uses of data and analytical tools, prevent harm to important values, and assist organisations to extract the achievable benefits from data, rather than dreaming dangerous dreams. Read the article

Policy and Investment Recommendations for Trustworthy AI

In June 2019, the second deliverable of the AI HLEG was published, the Policy and Investment Recommendations for Trustworthy Artificial Intelligence. Read the report

IEEE Ethically Aligned Design

The IEEE Global Initiative on Ethics of Autonomous and Intelligent Systems (The IEEE Global Initiative) has launched Ethically Aligned Design: A Vision for Prioritizing Human Well-being with Autonomous and Intelligent Systems, which is a crowd-sourced global treatise regarding the Ethics of Autonomous and Intelligent Systems. Read the report

Principles on Artificial Intelligence

In May 2019, the OECD adopted its Principles on Artificial Intelligence, the first international standards agreed by governments for the responsible stewardship of trustworthy AI, which include recommendations for public policy and Principles to be applied to AI developments around the world. The Principles ‘promote AI that is innovative and trustworthy and that respects human rights and democratic values. Visit the website

AI: Australia’s Ethics Framework

A discussion paper developed by CSIRO’s Data 61 has been released to inform the Government’s approach to AI ethics in Australia. Your views and submissions can be made on the consultation hub here to help ensure AI is developed and applied responsibly with accountability.

The Ethics Guidelines for Trustworthy Artificial Intelligence (AI)

Published in April 2019 and prepared by the High-Level Expert Group on Artificial Intelligence, which is an independent expert group set up by the European Commission. Read the report

AI and the Law – the future is here

COVID19 – Data and Privacy

Australia and New Zealand’s COVID-19 Contact Tracing Apps – Differences in Approach on the Road to Recovery

COVID19 – Contact Tracing publications

COVID19 – NZ COVID Tracer App

Information Governance + COVID-19 Roundtable Report

Australia Considers How to Approach Pandemic Contacts Tracing

Video Conferencing – Privacy Policy Checks

COVID19 – EU, US & International Resources

COVID19 – ANZ Legislation Update

In Australia, COVID-19 was declared a ‘human biosecurity emergency’ under the Biosecurity Act 2015 (C’th) on 21 March 2020. Dominic Villa SC has set up a useful collection of Australian legal resources relating to the coronavirus pandemic. Collating together the various statutory instruments that have been enacted by the Commonwealth and State Governments to deal with COVID-19, such as the Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020 (NSW) and similar orders in other states. In New Zealand, COVID-19 Response (Urgent Measures) Legislation Act 2020 is an omnibus Act to put in place for the necessary arrangements in order to implement COVID-19 Alert Level 4, […]

COVID19 – Global Open Data Initiatives

Active Navigation – Equifax Case Study

Ameritas Leverages Technology for Improved Information Governance

This latest case study from the Information Governance Initiative demonstrates how Ameritas, an insurer, began with a pilot project to tackle a clearly identified business problem which they addressed using data analysis, indexing, searching, tracking and reporting tools from Active Navigation. Read the article now

Roadmap to Reducing Your Biggest Information Risk

In this white paper, sponsored by IGANZ supporter Active Navigation, Russel Stalters, CEO of Clear Path Solutions, outlines a roadmap for reducing your organisation’s biggest information risk. Read the article

Making IG Real: Six Stories from the Front Lines of Information Governance Success

Over a typical business cycle, a large organisation produces staggering volumes of data. This will include essential records, valuable business intelligence, and knowledge uniquely relevant to the business. But frequently 50% or more of the content is utterly useless – it is dead weight, consuming storage capacity and obscuring the genuinely valuable content, burying the essential digital needles in terabytes of useless haystack. Download Now

Information Governance at Work: Pandora Media

With the help of the file analysis and governance experts, the Pandora GRC team discovered that at least 60% of its unstructured data had no value and there was no business or legal reason to continue to spend precious resources on protecting and storing it. So they took control, realising significant security, privacy, cost, and productivity benefits along the way. Download Now

Information Governance Case Study – Les Schwab

Looking at one organization’s experience with IG, can provide valuable lessons and practical insights that will help all IG professionals mature their IG programs. This case study details a common but complex IG problem: managing the relationships among key IG players. Read the article now

IGANZ Survey Report 2019

Information Governance ANZ is delighted to present the results of our industry survey, which was conducted over a 12 month period from July 2018 to July 2019.

The survey was distributed to our members, promoted in InfoGovANZ communications and on the website.

This report details the responses to this industry survey with a focus on identified market trends.

Download the 2019 Report Now

IGANZ Survey Report 2017

Information Governance ANZ is delighted to present the results of our industry survey, which was conducted over a 12 month period from July 2016 to July 2017.

Download the 2017 Report Now

Governance of Things - Keeping Our Members Up To Date

Each month we send to our members The Governance of Things newsletter with feature articles, latest news and developments, and upcoming events. You can explore past editions of the Governance of Things below.