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ARTICLE · 28 AUGUST 2015

How the Privacy Act affects the extra-marital affair you've been having

The Ashley Madison website is in deep trouble after its data was apparently hacked and all of its members exposed online.

AustraliaPrivacy

The Ashley Madison hack raises some awkward questions, and not just in the bedroom.

The adult website that tells us 'Life is short. Have an affair' is in deep trouble after its data was apparently hacked and all of its members exposed online. Ironic for the site that boasts "over 38,855,000 anonymous members". Awkward. While it makes for intriguing, albeit mostly sad and 'erode your faith in humankind' reading, the security breach might put Ashley Madison in serious legal strife.

The Privacy Act requires companies to take 'reasonable steps' to ensure the security of the personal information they hold. For most companies, that means firewalls and encryption devices for the information they have online and physical protection (i.e. locked drawers) for the hard copy stuff. For others, the bar may be set a little higher. The Privacy Commissioner has released some guidance on what will constitute 'reasonable steps' stating it will depend on the circumstances including:

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