Australia
Sarah Birkett
Special CounselAbout
Sarah Birkett is a senior member of the Intellectual Property and Technology Team and assists clients in a wide range of areas relating to privacy, data protection, information technology and commercial contracts.
Sarah provides a range of front-end advice on privacy and data protection issues, including as part of larger technology transactions.
Sarah regularly advises clients on the application of the Australian Privacy Principles in a wide range of scenarios, from start-ups and overseas entities looking to establish operations in Australia, to providing detailed advice on the specific processing activities and complex data storage and transfer arrangements, as well as assisting clients to manage privacy related risks via contractual terms.
Sarah has also assisted numerous clients with the management of cyber incidents and other data breaches, including providing advice on the notifiable data breach regime and communications with regulators and affected individuals.
Professional QualificationsSolicitor of the Supreme Court of VictoriaSolicitor of the Senior Courts of England and Wales
EXPERIENCE
- Conducting privacy audits for a number of national and international clients, including a global food and beverage manufacturer and a global consumer goods manufacturer. This involves reviewing privacy and data handling practices, policies and procedures via tailored questionnaires and workshops, and providing proactive recommendations to improve the overall level of compliance.
- Advising a wide range of entities with data breach responses and cyber incidents, including advising on the mandatory data breach notification regime and responding to follow up communications with regulators. In one matter, communications with the Office of the Australian Information Commissioner continued for over 12 months however the matter resulted in the OAIC closing its file.
- Advising a range of national and international clients on compliance with direct marketing and spam laws, including correspondence with the regulator, the Australian Communications and Media Authority, following consumer complaints.
- Providing advice on the application of privacy and surveillance laws to COVID-19 Quarantine Victoria, the Victorian Government agency responsible for Victoria's COVID-19 accommodation response.
- Assisting Victoria Police in respect of the BlueConnect program, which is responsible for transforming the management of policing information to support 'A vision for Victoria Police in 2025' - The Blue Paper. The program involves a number of separate streams, including mobile technology, intelligence management and case management and the Police Assistance Line and Online Reporting implementation.
- Assisting various organisations on the contractual terms for a number of cloud based solutions from suppliers such as AWS, IBM and Salesforce, including consideration of related privacy issues.
- Conducting Privacy Impact Assessments for the Victorian Department of Transport, regarding its Situational Awareness Solution for the Victorian road transport network, including consideration of the privacy implications of the use and disclosure of CCTV data, and Court Services Victoria, in respect of its electronic evidence management system.
- Assisting a range of international clients establishing business in Australia, including drafting and localising website terms and conditions, warranty policies, disclaimers and refund policies.
- Providing advice on various telecommunications laws, including assisting a global telecoms company on the regulatory implications of establishing a 'Voice Over Internet Protocol' service based in Australia.
- Assisting one of Australia's largest transport companies in relation to the acquisition and implementation of cash counting and security systems and hardware to support its Cash in Transit business.
Education
- University of Nottingham (England), Bachelor of Laws (Hons), 2005
- Nottingham Law School (England), Legal Practice Course, 2006
Publications
- Regular contributor to DLA Piper's Privacy Matters blog.
- Australia: Privacy Act amendments and Cyber Security Act become law, December 5, 2024, Privacy Matters blog
- Australia: In-Store Facial Recognition Tech Breached Privacy Act, November 22, 2024, Privacy Matters blog
- Australia’s Cyber Security Strategy in action – three new draft laws published, October 11, 2024, Privacy Matters blog
- Australia: Long awaited Australian privacy reform comes to fruition, September 13, 2024, Privacy Matters blog
- Australia: Anti-scam measures and ransomware reporting on the agenda, September 11, 2024, Privacy Matters blog
- Australia’s e-marketing expectations: When customers don’t give a spam, August 5, 2024, Privacy Matters blog
- Australia: Privacy Act Updates Expected in August 2024, May 13, 2024, Privacy Matters blog
- Australia – next stages in the Privacy Act review confirmed, October 25, 2023
- Navigating Asia-Pacific data breach notification requirements, 16 February 2023
- Data Breach Survey Intro, 07 February 2022
- Data and Data Protection – Why the automotive industry needs to take notice, 3 May 2021
- "Notifiable Data Breaches – Two years on", 8 October 2020
Seminars
- WIN: In-House Counsel Week 2023: Data governance and cyber security – risk management for the digital age, Melbourne 23 February 2023 and Brisbane 2 March 2023
- WIN: In-House Counsel Week 2021The wandering workforce: cyber security and privacy, home offices, WHS and other employment law bear traps, 25 February 2021
- WIN In-House Counsel Day 2020, Melbourne 20 February 2020 and Brisbane 19 February 2020 Data breaches - a practical guide
Memberships And Affiliations
- Victorian Society for Computers and the Law
- Law Society of England and Wales
