Complexity in data compliance

Compliance used to be an issue that only large enterprises sweated over, but with data becoming ever more critical to SMB operations it’s now everyone’s burden. Arnotts Lawyers, ALAN ARNOTT, provided a brief overview of some of the laws relevant to data retention faced by Australian SMBs. The following list is not legal advice but an overview intended to show how complex compliance laws are.

The time periods vary according to the sphere of law and the jurisdiction. For instance, in respect of litigation involving contractual disputes or the enforcement of contracts in New South Wales, the limitation period can be as much as 12 years where the action is founded on a deed (s16 Limitation Act 1969). For this reason alone, data should be retained for at least 12 years or even longer.

Another area of relevant law is the law prohibiting document destruction. The landmark case in Australia regarding the systematic destruction of a large number of records is the case of British American Tobacco v McCabe. In that case, the Court analysed the destruction of evidence relevant to the litigation. That case raised the bar as to the requirements of organisations to retain documents in 'anticipation of litigation'.

A third area of relevant law is the record maintenance and security obligations imposed on organisations pursuant to the Privacy Act. That legislation requires the securing of per-sonal data and accordingly, any storage system ultimately utilised must possess certain security features as required by the legislation.

Other laws which require the retention of data broadly include laws related to evidence, electronic transactions, tax, trade practices, corporations, anti-money laundering and counter-terrorism, all of which impose different time limits and different obligations on organisations. Further, foreign legislation such as The Patriot Act (US) and the Sarbanes-Oxley Act (US) impose various obligations on multinational organisations which must also be accounted for.

Disclaimer: This article is for general informational purposes only. It is not legal advice nor is it a substitute for legal advice. Alan Arnott is a technology and telecommunications lawyer with qualifications in computer science and law with Arnotts Lawyers in Sydney. He can be contacted by telephone on 02 9419 6355 or by email to alan@arnotts.net.au.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.
ARN Staff

ARN Staff

ARN
Show Comments

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Laura Johnston

MSI GS65 Stealth Thin

If you can afford the price tag, it is well worth the money. It out performs any other laptop I have tried for gaming, and the transportable design and incredible display also make it ideal for work.

Andrew Teoh

Brother MFC-L9570CDW Multifunction Printer

Touch screen visibility and operation was great and easy to navigate. Each menu and sub-menu was in an understandable order and category

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?