Optus hack: Telcos face tougher fines in looming legal crackdown


Optus has become the latest telco to be fined for risking public safety. Photo: AAP
Optus and other telecommunications giants face a massive crackdown as the federal government prepares to rush through new privacy laws.
Tougher fines for data breaches and new requirements that force firms to dispose of data when they no longer need it are being considered as the fallout from the theft of 9.8 million Optusâ customers data widens.
Prime Minister Anthony Albanese said on Thursday that active discussions on privacy reforms are underway, saying it was âcommon senseâ that companies like Optus should dispose of personal data more regularly.
âThe former Government just ran out of steam some years ago. So, weâve got a lot of catching up to do and this is one of the areas,â he said.
It came after Attorney General Mark Dreyfus flagged urgent privacy law reforms in an interview on the ABCâs RN Breakfast on Thursday, saying current protections arenât strong enough to protect Australianâs data.
âFor too long we have had companies solely looking at data as an asset they can use commercially,â Attorney General Dreyfus said.
âWe need to have them appreciate very, very firmly that Australiansâ personal information belongs to Australians.â
The federal government hasnât outlined exactly what legal changes it might pursue, though Home Affairs Minister Clare OâNeil has said that current penalties for data breaches arenât tough enough.
âWeâve got a company here [Optus] that has seen a breach of data of more than half of the adult population of Australia,â Minister OâNeil told the Nine network.
âIn other countries around the world they would be subject to hundreds of millions of dollars worth of fines.
âIn Australia the maximum fine we can attach to this kind of breach in the Privacy Act is $2.2 million, which for a massive company like Optus is really a drop in the ocean.â
Optus is also facing pressure to foot the bill for customers to have their information â including passports and licenses â replaced, while the government considers whether new Medicare cards are needed.
After initially failing to disclose that Medicare details were leaked in the hack last week, Optus revealed on Wednesday night that nearly 37,000 people had their medicare card numbers stolen in the hack.
Authorities questioned whether Optus fully disclosed what information was stolen after an online account claiming to be the hacker released a sample of stolen data on 10,000 people, containing Medicare numbers.
Of the 37,000 stolen Medicare numbers about 14,900 are valid and have not expired, while a further 22,000 are expired, Optus said.
Attorney General Dreyfus said legislative changes could be introduced to parliament by the end of the year.
âIt is certainly not just simply about increasing penalties, although that will be part of the reforms we are going to look at,â he told reporters in Canberra on Thursday.
âWe need to make sure that companies who are keeping Australiansâ data pay absolute attention to keeping that data safe.â
However, the federal opposition has criticised the government for not implementing reform to online privacy that was recommended from a previous coalition review.
Opposition communications spokeswoman Sarah Henderson said the previous calls for reform had fallen on deaf ears.
âIt should not have taken the cyber attack on Optus to wake up this government,â she said.
âThe protection of Australiansâ personal information online must be a high priority for the Albanese government.
âIt is critical that our laws continue to be updated to ensure the online protection and safety of all Australians.â
Under the coalition proposal, large telcos and social media companies with more than 2.5 million users would be required to obtain fully informed consent to be able to use personal information, and to stop using the information on request.
Increased fines of up to $10 million for serious breaches would also apply.
The data breach prompted nearly all states and territories to allow affected residents to apply for new driverâs licence numbers.
âLong-tail impactâ of Optus hack
Financial Services Minister Stephen Jones has also held key talks with the consumer watchdog about the consumer impacts of the huge hack.
The meeting on Thursday with the Australian Competition and Consumer Commission also included regulators and banking representatives.
Minister Jones said while the response to the breach had been wide-ranging, the consequences of the incident would linger.
âThereâll be a long-tail impact of this data breach,â he told reporters in Sydney.
âThere is no lack of goodwill to co-operate, from the Commonwealth, from the banks and even the telecommunications companies.
âPeople understand the scale of this and we are moving as fast as we can.â
Minister Jones said Optus had a responsibility to the almost 40 per cent of Australians affected by the data breach.
It comes as the government is looking at introducing urgent reform to privacy laws.
Prime Minister Anthony Albanese has demanded Optus pay for the cost of replacing passports for customers whose data was hacked, saying it was the telcoâs blunder.
âCompanies need to be held to account here, and that is something my government is determined to do,â he told 5AA radio on Thursday.
Foreign Minister Penny Wong wrote to Optus chief executive Kelly Bayer Rosmarin on Wednesday, saying there was âno justificationâ for affected customers or taxpayers to foot the bill.
Attorney General Dreyfus said he saw no reason why telcos needed to keep data used to validate identification, such as a driverâs licence or passport, for a decade.
âObviously, the more data thatâs kept the bigger the problem there is about keeping it safe â the bigger the problem there is about the potential damage thatâs going to be done by a huge hack thatâs occurred here,â he said.
-with AAP
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