Data privacy and cyber security legislation have been a hot topic in Australia of late, with the implementation of the European GDPR, the Notifiable Data Breach Scheme under the Privacy Act 1988, and more recently, the Australian Government’s proposed Assistance and Access Bill (2018). The Assistance and Access Bill, in particular, is causing concern amongst the wider Australian public, privacy watchdogs, technology giants, and telecommunications providers about the level of government access to encrypted information. Aided by an international media “frenzy”, there is an increasing fear of over-regulation and unintended consequences for the privacy of individuals or organisations.
The new laws announced in August of this year are focused on cybercrime and aiding police and intelligence services investigating cybercriminals. I believe they’re a step in the right direction towards achieving a balance between privacy and the practical safeguarding of national security. In our dealings with the public sector, it’s clear that there is a lack of legislation and regulation in Australia that is industry specific. Many within the Australian industry view cyber security as something they have to “put up with”, which means that it may not be allocated sufficient budget or regarded as the business enabler that it is. One of the most effective ways to encourage compliance with recognised standards (NIST, ISO27001, ISM, Essential 8 etc.) is to mandate it with legislation. Legislated compliance provides confidence to end-users and business stakeholders. (Greenwald, 2015)
Consider healthcare as an example. The industry is notoriously immature in cyber security maturity with more breaches suffered than any other sector (OAIC 2018). Statistically, over 50% of their data breaches occur due to human error (Verizon 2018), which speaks to a lack of training and enforced standards. By comparison, the US has healthcare-specific legislation in the form of the Health Insurance Portability and Accountability Act (HIPAA) that provides data privacy and security provisions for safeguarding medical information. Almost 1 million people have elected to opt out of the Australian Digital health Agency’s My Health Record due to a perceived lack of appropriate security measures. (ABC News, 2018) Australia’s adoption of a similar approach to the US’ HIPAA would go a long way towards improving the cyber maturity of Australian healthcare and the trust of the Australian public.
Another issue with the lack of industry-specific regulation and legislation is that organisations are not aware of their data privacy obligations. If an organisation suffers a data breach, non-compliance with their legal and regulatory obligations could equal large fines, greater financial loss, and potential loss of trust with their customers/stakeholders. For organisations and industries to thrive and grow they need to be digitally enabled and digitally driven to keep pace with competitors, both domestic and international. Organisations using cutting-edge technologies can create new products and services, and create better end-user experiences.
To innovate rapidly, cyber security must be prioritised and viewed as a business enabler rather than an expensive anchor. Legislation that has been drafted in cooperation with industry stakeholders will aid cybersecurity maturity and compliance in digital transformation and increase the resilience and performance of Australia on the world stage.
Do you think legislatively mandated compliance with cyber security standards is a good idea? Please feel free to comment your thoughts on this issue below. You can read more of my writing or discuss speaking requests at ssedgwick.com