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How damages could be assessed for data and cyber class actions

Relative to other jurisdictions, Australia is “very well prepared” for data and cyber breaches. However, the law remains “untested”, and how proceedings for such breaches will play out remains to be seen.

user iconRobyn Tongol 28 March 2023 Podcast
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On this episode of The Lawyers Weekly Show, host Jerome Doraisamy speaks with Professor John Swinson, who teaches privacy law and cyber security law in the School of Law at the University of Queensland, about growing awareness of data and cyber security issues and subsequent legal proceedings, where we’re at with such proceedings, how prepared Australia is compared to overseas jurisdictions and why.

Professor Swinson also delves into broader privacy issues, what’s happening in the United States and what lessons can be taken from that jurisdiction for Australia, particularly pertaining to the awarding of damages, how courts here might quantify damages for certain proceedings, whether arbitrary determinations will be needed moving forward, and predictions for what the future could look like.



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