Biometric Information Privacy Act

Privacy and security of genetic information: Putting DNA companies to the test

• Until recently that described the secrets locked within our DNA.
• The proposed settlement and other recent actions send a loud-and-clear message that the FTC is fully committed to the protection of consumers’ health information.
• The Report included the customer’s full name and an assessment of their risks for developing a host of health problems.

• Today, Federal Trade Commission Chair Lina M. Khan announced that an open meeting of the Commission will be held virtually on Thursday, May 18, 2023.
• The open meeting will commence at 11am ET and will begin with time for members of the public to address the Commission.
• The following items will be on the tentative agenda for the May 18 Commission meeting:
  Business Before the Commission
  Policy Statement on Biometric Information and Section 5 of the FTC Act: The Commission will vote to issue a Policy Statement on biometric information and Section 5 of the FTC Act.
• Follow the FTC on social media, read our blogs and subscribe to press releases for the latest FTC news and resources.

• The rationale was based on security fears and, in particular, the risk the platform will be used for foreign interference operations by China.
• TikTok is a video-sharing platform operated by ByteDance, a company headquartered in Beijing, but incorporated in the Cayman Islands.
• Like similar sites, TikTok’s privacy policy indicates an expansive approach to the collection and use of personal information.

The problem with focusing on only one app

• Given the ban only affects government devices, couldn’t the same people be susceptible to foreign interference through their use of TikTok on personal devices?
• What about other apps, such as Facebook, that collect significant amounts of user data – are these more secure than TikTok?
• In other words, the problem of digital security and foreign interference is bigger than just one app or the use of government devices.

A new, more effective cybersecurity strategy

• A discussion paper on the new strategy was released earlier this year, with submissions due this week.
• This process will hopefully result in a more holistic strategy on how to manage the cybersecurity and foreign interference concerns that led to the TikTok ban.


This kind of strategic approach, particularly on the education side, would give Australians better tools to arm themselves against foreign interference online, which as Home Affairs emphasises, is the “best defence” available.

A stronger privacy act could help, too

• Another relevant policy development is the government’s review of the Privacy Act, which is the primary Australian law on data protection.
• Changing the rules about how data is collected and used by platforms could provide less fodder for those running foreign interference operations.

What is needed is a strategy, not tactics

• Beyond Australia, at the United Nations level, some questions about whether international law can be applied to cyberspace have been resolved, while others remain open.
• Ultimately, what is needed is a strategy, rather than tactics, and better coordination of relevant policies across government.
• The TikTok example also highlights a truism that we shouldn’t think in terms of privacy or security, but rather privacy and security.

• High Court clears way for OAIC case against Facebook to proceed
  The Office of the Australian Information Commissioner (OAIC) today welcomed the Full Court of the High Court of Australia’s decision to revoke Facebook Inc’s special leave to appeal to the High Court.
• The substantive proceeding seeking civil penalties against Facebook Ireland and Facebook Inc over the Cambridge Analytica matter will now progress.
• Facebook Inc appealed the 14 September 2020 decision, and on 7 February 2022, the Full Federal Court dismissed Facebook Inc’s appeal.
• The proceeding will return to the Federal Court and the substantive proceeding seeking civil penalties against Facebook Ireland and Facebook Inc will now progress.