data & privacy law

Data and privacy law

Practical privacy advice for businesses that handle customer data

Data and privacy

Privacy law is moving fast

Australia’s privacy regime has changed more in the past two years than in the decade before. The Privacy Act 1988 now carries higher penalties and new OAIC enforcement powers, individuals can sue for serious invasions of privacy, and from 10 December 2026 privacy policies must explain how automated decisions use personal information. Customers and regulators expect more, and data breaches are front-page news.

We help businesses build privacy frameworks that work in practice: clear disclosures, sensible handling processes and a breach response plan you can actually follow. Our advice draws on our partners’ experience inside major banks, where privacy, credit reporting and AML/CTF obligations all meet.

Who we act for

Advice for businesses that hold personal information

Lenders and credit providers

Privacy and credit reporting obligations under Part IIIA of the Privacy Act and the Credit Reporting Code.

Fintechs and platforms

Privacy by design for new products, apps and data-sharing arrangements, including the consumer data right.

Consumer brands and member organisations

Marketing, loyalty and member platforms that collect and use customer data.

Boards and leadership teams

Governance, data breach readiness and what the reforms mean for your organisation.

How we help

Our data and privacy services

Selected work

Recent privacy matters

Macquarie Bank

During his time at Macquarie Bank, AJ Sridaran was one of the lead senior lawyers advising the bank on privacy.

Member platform

Provided extensive data and privacy advice to a National Rugby League club on its member platform.

Policy reviews

Review lender policy documentation for compliance with privacy, AML/CTF, data, National Credit Code and Corporations Act requirements.

Trade promotions

Advised a large retailer on the terms and conditions for a game-of-chance promotion, and managed the legal process from start to finish.

Why Hindsight

Why clients choose us

We’ve sat on the bank’s side

We’ve worked inside major banks, so we know how compliance actually works in a large organisation.

Practical, not theoretical

Advice you can implement, sized to your business and the data you actually hold.

Partner-supervised, every matter

Every matter is supervised by one of our Founding Partners.

Clear scope and fees

We agree the scope and fees with you upfront, and charge fixed fees wherever we can.

Our partners

The team behind your privacy program

Our privacy work is led by our Founding Partners. During his time at Macquarie Bank, AJ Sridaran was one of the lead senior lawyers advising the bank on privacy, so we know how privacy obligations play out inside a large financial institution.

Michael Lazar, Founding Partner of Hindsight Legal Advisers

Michael Lazar

Founding Partner

Formerly NAB and Dentons. Advises banks, credit providers and SMSF lenders on regulation and structuring.

AJ Sridaran, Founding Partner of Hindsight Legal Advisers

AJ Sridaran

Founding Partner

Formerly Macquarie Bank and Dentons. Legal 500 ‘lawyer to note’ in fintech and financial services regulation.

Recognised by the Legal 500 and Lawyers Weekly

Meet our partners →

FAQs

Frequently asked questions

Does the Privacy Act apply to my business?

It applies to most organisations with annual turnover of more than $3 million, and to some smaller businesses regardless of turnover, such as health service providers and businesses that trade in personal information. Credit reporting rules can also apply to smaller credit providers. We can confirm where you stand.

What do we need to do about automated decisions?

From 10 December 2026, if you use computer programs to make or substantially assist decisions that significantly affect individuals, your privacy policy must say so. Our article on automated decisions and the Privacy Act explains what lenders need to do.

What should we do if we have a data breach?

Act quickly to contain it, then assess whether it’s likely to cause serious harm. If it is, you must notify affected individuals and the OAIC. A response plan prepared in advance makes this far easier. See our article on the OAIC’s latest data breach statistics.

Can customers sue us for a privacy breach?

Since June 2025, individuals can sue for serious invasions of privacy under a new statutory tort, separate from the OAIC complaints process. Good privacy practices reduce that risk.

Can you review our privacy policy?

Yes. We review privacy policies, collection notices and credit reporting policies against current law and update them so they’re clear and compliant.

Talk to us

Need help with your privacy obligations?

Whether it’s a policy update, a new product or a breach, book a call and we’ll tell you what you need to do and what it will cost.