Privacy

Arcadia is among&nbsp;Lane Cove’s most coveted new addresses, combining bushland panoramas with sophisticated architectural designs.

Never to be built-out natural vistas create a green backdrop to the apartment development, nestled at the doorstep of the bushland reserve along Stringybark Creek.

Delivered by DASCO, Arcadia features&nbsp;69 one, two and three-bedroom residences across three individual buildings.

[smartcode_project:default project_id=6912 project_image_fid=153922]

Diverse floorplans feature a range of offerings, including double-storey layouts, studies, media spaces, while select three-storey, terrace-style residences feature their own private entrances.

Floorplans extend up to 227sqm, making these apartments more than $800,000 cheaper than a similar-sized, free-standing home in the area.

[smartcode_project:default project_id=6912 project_image_fid=153921]

Arcadia focuses on alfresco living, with generous private terraces, courtyards and sun-soaked balconies providing a sublime setting for relaxing and entertaining outdoors.

Inside, living spaces are roomy and airy, graced with top-quality Italian ILVE appliances, stone benchtops, a smart home system and floor-to-ceiling windows.

[smartcode_project:default project_id=6912 project_image_fid=153912]

Residents can choose between two considered colour schemes. The stylish lighter and darker colour palettes, Sunrise and Sunset, allows buyers to personalise their surroundings to suit their taste.

Lane Cove lies within one of Australia’s top 10 most advantaged Local Government Areas, according to the Australian Bureau of Statistics.

[smartcode_project:default project_id=6912 project_image_fid=153916]

Located close to several major centres including the Sydney and North Sydney CBDs, Macquarie Park and Chatswood, its convenience is a major drawcard.

A number of infrastructure and community projects and upgrades have helped to transform the suburb and its village, which has become a popular and diverse destination in its own right.

These include an upgrade of Lane Cove Plaza and the opening of The Canopy, poised to become Lane Cove’s premier dining and shopping destination.

[smartcode_project:default project_id=6912 project_image_fid=153925]

Central and convenient, Arcadia enjoys easy access to the area’s many attractions and amenities. It is located a 4-minute walk from the nearest bus stop on Centennial Avenue and a 12-minute bus ride to Chatswood.

The CBD lies within a 15-minute drive from the residence and premier education institutions are within close proximity, including Lane Cove and Lane Cove West Public Schools, St Ignatius’ College Riverview and Macquarie Uni.

“We are thrilled to bring our signature quality, vision and lifestyle focus to beautiful Lane Cove and deliver a product that we know will resonate with style-conscious buyers”, DASCO director Salim Nicolas said.

[smartcode_project:default project_id=6912 project_image_fid=153917]

Arcadia delivers a lush living experience to a range of buyers, and the lush surrounding treescape ensures a feeling of peace, tranquillity and seclusion rarely found in urban living.

[smartcode_project_cta: project_id=6912]

A number of infrastructure and community projects and upgrades have helped to transform the suburb and its village, which has become a popular and diverse destination in its own right.

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Arcadia, the Lower North Shore apartments attracting families and investors

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LandMark White Limited has became aware that a dataset containing property valuation and personal contact information has been disclosed.
"We take the privacy and security of our data very seriously, and we are working closely with cyber security consultants to investigate the circumstances of the disclosure of the dataset," LMW told the ASX.
LMW became aware through one if its corporate partners, CoreLogic.
"We have taken immediate steps to secure what we believe to be the source of the disclosure to prevent any further disclosure of data.
"Currently there is no evidence of misuse of any information although this remains under close review."
LMW are directly notifying affected corporate partners of the incident.
As part of our response, we have established a dedicated email mailbox (privacy@lmw.com.au) to respond to questions about this incident and will be creating a dedicated FAQ web page (www.lmw.com.au/faqs) which we will update as more information becomes known.
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Founded in 1982 and listed on the Australian Stock Exchange in 2003, LMW has a long and proud heritage of providing independent professional property services to people and companies across Australia.
LMW has over 400 property professionals across 40 plus locations Australia wide.
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LandMark White Limited reports property valuations data breach

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LandmarkWhite has again suspended its shares from trading on the stockmarket, in the wake of stolen valuation records being posted on a dark-web forum for 10 days.
It suggests the trading halt could be for as long as a month.
The company advised shareholders that LMW had lost work from a significant number of clients which was "impacting our revenues, profitability and cashflows."
<a href="https://www.urban.com.au/news/95563-westpac-stops-sending-property-valuation-work-to-landmark-white-after-data-breach" target="_blank">Westpac confirmed</a> it had joined Australia's three other major banks in not sending any further valuation work to LandMark White.
Only yesterday it indicated the valuation clients were likely to return.
"At this point in time we are unable to ascertain when these clients will reinstate LMW and hence when LMW will be in a position to assess with any certainty the financial impact of the incident," LMW updated the market at lunchtime Tuesday.
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"In addition, LMW anticipates that continued public commentary does not allow for an informed market for trading in LMW securities."
LMW expects that it would be able to provide the market with accurate information relating to the financial impact of the incident and hence a forecast for FY2019 within the next two to four weeks and lift the suspension at that time.
The clients  that pulled their business in the wake of a data breach included three of the big four banks.
On Monday the shares in the property valuation firm fell 10 percent to 38 cents after it resumed trading after its major data breach.
It was trading at 45 cents prior to its initial advisory of a privacy breach.
Last week Landmark White advised its investigations revealed that an unknown third party posted an <a href="https://www.urban.com.au/news/95371-landmark-white-valuation-data-available-on-dark-web-forum-after-privacy-breach" target="_blank">illegally downloaded valuation dataset on a dark web forum </a>for 10 days in late January 2019.
It <a href="https://www.urban.com.au/news/95367-landmark-white-enters-trading-halt-after-banks-suspend-its-use" target="_blank">sought the suspension of its ASX-listed shares</a> after some of the big four banks indicated they had <a href="https://www.urban.com.au/news/95286-landmark-white-valuation-data-breach" target="_blank">stopped using LMW valuations</a>.
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"We anticipate that the suspensions will be progressively lifted over the coming days and that workflows will return to more normal levels by the end of the month," it told shareholders on Monday.
"An unknown criminal has maliciously accessed a LandMark White’s system," it advised.
"LMW has been working with independent cyber security consultants, along with the Australian Cyber Security Centre and the Office of the Australian Information Commissioner, to ensure client information and LMW’s network is secure.
LMW has not obtained any evidence that the data has been misused.
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LandMark White blames ill-informed public commentary on its dark web data breach for further ASX share suspension

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Westpac has confirmed it had joined Australia's three other major banks in not sending any further valuation work to LandMark White.
<p data-gtm-vis-first-on-screen-6236702_632="1550610401672" data-gtm-vis-total-visible-time-6236702_632="4000" data-gtm-vis-recent-on-screen-6236702_632="1550610405836" data-gtm-vis-has-fired-6236702_632="1">"Our immediate priority is to contact customers who may have been impacted," a Westpac spokesperson said.
"We are aware of a personal data leak involving LandMark White, a contracted service provider which conducts property valuations on our behalf," a Westpac spokesperson said.
It came a week after the other big banks pulled their requirement for LMW valuations on property for mortgage applications.
Independent LandMark White holds around 20 per cent share of the residential market with a further eight major property valuers, most of which are subsidiaries of large real estate agencies.
LandmarkWhite has also again suspended its shares from trading on the stockmarket, in the wake of stolen valuation records being posted on a dark-web forum for 10 days.
It suggests <a href="https://www.urban.com.au/news/95551-landmark-white-blames-illinformed-public-commentary-on-its-dark-web-data-breach-for-further-asx-share-suspension" target="_blank">the trading halt could be for as long as a month</a>.
The company advised shareholders that LMW had lost work from a significant number of clients which was "impacting our revenues, profitability and cashflows."
Only yesterday it indicated the valuation clients were likely to return.
"At this point in time we are unable to ascertain when these clients will reinstate LMW and hence when LMW will be in a position to assess with any certainty the financial impact of the incident," LMW updated the market at lunchtime Tuesday.
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"In addition, LMW anticipates that continued public commentary does not allow for an informed market for trading in LMW securities."
LMW expects that it would be able to provide the market with accurate information relating to the financial impact of the incident and hence a forecast for FY2019 within the next two to four weeks and lift the suspension at that time.
Last week Landmark White advised its investigations revealed that an unknown third party posted an <a href="https://www.urban.com.au/news/95371-landmark-white-valuation-data-available-on-dark-web-forum-after-privacy-breach" target="_blank">illegally downloaded valuation dataset on a dark web forum </a>for 10 days in late January 2019.
It <a href="https://www.urban.com.au/news/95367-landmark-white-enters-trading-halt-after-banks-suspend-its-use" target="_blank">sought the suspension of its ASX-listed shares</a> after some of the big four banks indicated they had <a href="https://www.urban.com.au/news/95286-landmark-white-valuation-data-breach" target="_blank">stopped using LMW valuations</a>.
Westpac Group said it "takes the protection of personal information and privacy extremely seriously."
"We are investigating this matter and it is our immediate priority to contact and support any Westpac, St.George, Bank of Melbourne, BankSA or RAMS customers who may be affected.  
"At this stage, we believe only a small number of individuals are potentially impacted.
"The data disclosed includes property valuation details and some contact details (such as names, addresses and email addresses) of the various parties involved in the property valuation process.
"No loan application details, such as financial and identification documents, were disclosed.
"While we investigate the matter, we have also suspended sending any further work to LandMark White," Westpac told its customers.
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Westpac stops sending property valuation work to LandMark White after data breach

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Landmark White has advised its investigations reveal that an unknown third party posted an illegally downloaded valuation dataset on a dark web forum for 10 days in late January 2019.
Its advisory came a day after it <a href="https://www.urban.com.au/news/95367-landmark-white-enters-trading-halt-after-banks-suspend-its-use" target="_blank">sought the suspension of its ASX-listed shares</a> after some of the big four banks indicated they had <a href="https://www.urban.com.au/news/95286-landmark-white-valuation-data-breach" target="_blank">stopped using LMW valuations</a>.
"An unknown criminal has maliciously accessed a LandMark White’s system," it advised.
"We do not know the identity of the individual," it added.
Its investigations reveal that the dataset contained:
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<li>approximately 137,500 unique valuation records, and approximately 1,680 supporting documents.</li>
<li>approximately 250,000 individual records in total but a lot of records are duplicates.</li>
<li>The date of the documents range between approximately 4 January 2011 and 20 January 2019.</li>
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"We can now share that on 30 December 2018, we received a message through the 'Live Chat' messaging service on our website, providing us with a link to the dark web. 
"As part of our standard operating procedure, we investigated this and as we could not access the dark web link provided, at that time this was discounted as spam."
On 10 January 2019, the LMW team received an email from the Australian Cyber Security Centre alerting LMW to a vulnerability. 
The <a href="https://www.urban.com.au/news/94968-landmark-white-limited-reports-property-valuations-data-breach" target="_blank">breached valuation data</a> has since been taken offline as at 10 February 2019.
"We do not know how many people accessed the dataset throughout the approximately 10 days that it was available on the dark web."
The dark web details are advised in its incident update as at 15 February recommending that all potentially impacted individuals remain vigilant against a potential risk of receiving phishing and other spam communications from organisations purporting to be LandMark White or one of our lending clients.
"Although LandMark White is one of the victims of this cybercrime, we take responsibility for this incident and deeply and sincerely regret that this incident has occurred," the company advised.
"We remain committed to achieving the best possible outcome for all parties that may be impacted, and we are focused on supporting our partners and their customers in the wake of this incident."
LMW is an Australian property valuation and consultancy firm which was founded in 1982 and listed on the Australian Stock Exchange in 2003, employing 450 staff across Australia.
On 23 January 2019, LMW closed off a security vulnerability identified in one of its valuation platforms.
"We have engaged leading privacy, digital forensic and cyber security consultants who have confirmed that the data disclosure relates to the vulnerability which had been secured. We can confirm that the disclosed dataset does not include loan application, date of birth, or other sensitive information."
The dataset contained property valuation and some personal contact information of borrowers, lenders, homeowners, residents, and property agents. 
There was also a small subset of supporting documents relevant to the valuation assessment contained in the dataset, such as contracts for the sale of land, council rates, and strata reports.
There was no evidence of misuse of any personal information, although LMW advise it will continue to closely monitor for this together with industry partners. 
LMW confirmed that no loan application details, including financial and identity documents, are contained within the dataset.
"We can also confirm that no date of birth records, personal bank account details, payment or credit card details, username and password or other credentials, or other sensitive information exists in the dataset.
Independent security consultants have confirmed that the data was accessed via an exposed programming interface on one of LMW's valuation platforms.
"We had already taken steps in January 2019 to block direct access to this interface to prevent any ongoing data disclosure, and it is no longer directly accessible from the internet."
LandMark White advised it was adopting a "very cautionary position" and assuming that a subset of its valuation requests received by LandMark White during the period 4 January 2011 and 23 January 2019 may potentially be at risk. 
 
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Landmark White valuation data available on dark web forum after data breach

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The fallout from a data breach at the listed valuation company LandMark White has seen National Australia Bank suspending its use of the firm, joining Commonwealth Bank and ANZ.
"We are not in a position to say how many individuals are likely at risk as a result of the incident at this point although this remains under close review," LMW advised yesterday.
Up to 100,000 customers, according to Nine Entertainment, had personal information including property valuations, phone numbers and dates of birth leaked as part of the <a href="https://www.urban.com.au/news/94968-landmark-white-limited-reports-property-valuations-data-breach" target="_blank">data breach at LandMark White</a>.
ANZ’s chief data officer, Emma Gray, said it involved a very small percentage of its customers who had valuations undertaken between November 2015 and December 2018 who are potentially impacted.
“As a result of this incident ANZ has currently suspended use of the services of the valuation provider at the centre of the investigations."
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LandMark White's share price is down slightly from 44 cents to 42 cents since the ASX listed company revealed the breach.
<p data-gtm-vis-recent-on-screen-6236702_632="1550088100368" data-gtm-vis-first-on-screen-6236702_632="1550088100368" data-gtm-vis-total-visible-time-6236702_632="4000" data-gtm-vis-has-fired-6236702_632="1">LandMark White is one of the biggest valuation firms used by banks and lenders for assessing mortgage applications. 
LMW chairman Keith Perrett said the group had been communicating constantly with its business partners in the face of a complex attack on the business.
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<div>''We are very pleased to hear from our external advisors that the breach was isolated to a single system, that the source of the disclosure had been closed, and that there is no ongoing suspicious activity across our network,'' Mr Perrett.</div>
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<p data-gtm-vis-recent-on-screen-6236702_632="1550088123437" data-gtm-vis-first-on-screen-6236702_632="1550088123437" data-gtm-vis-total-visible-time-6236702_632="4000" data-gtm-vis-has-fired-6236702_632="1"><a href="https://www.urban.com.au/news/95069-what-are-landmark-white-doing-about-property-valuations-data-breach" target="_blank">LandMark White have been working</a> closely with the relevant government agencies, including the Australian Cyber Security Centre and the Office of the Australian Information Commissioner.
<p data-gtm-vis-recent-on-screen-6236702_632="1550088123437" data-gtm-vis-first-on-screen-6236702_632="1550088123437" data-gtm-vis-total-visible-time-6236702_632="4000" data-gtm-vis-has-fired-6236702_632="1">Before the breach, the group issued a 25 per cent downgrade in its profits for the first half to December 31, 2018, in late January, saying it had experienced a significant reduction in valuation instructions from the first-tier lenders.
<p data-gtm-vis-recent-on-screen-6236702_632="1550088123437" data-gtm-vis-first-on-screen-6236702_632="1550088123437" data-gtm-vis-total-visible-time-6236702_632="4000" data-gtm-vis-has-fired-6236702_632="1">It was February 5 when LandMark White Limited became aware that a dataset containing property valuation and personal contact information had been disclosed.
"We take the privacy and security of our data very seriously, and we are working closely with cyber security consultants to investigate the circumstances of the disclosure of the dataset," LMW told the ASX.
LMW became aware through one if its corporate partners, CoreLogic.
"We have taken immediate steps to secure what we believe to be the source of the disclosure to prevent any further disclosure of data.
"Currently there is no evidence of misuse of any information although this remains under close review."
Property valuer LandMark White Limited has blamed an exposed API for the leak of a dataset that included property valuation details and contact information of a range of individuals held by the company.
The security vulnerability responsible for the breach — “an exposed programming interface on one of our valuation platforms” — was closed on 23 January, according to the company.
“At that point, we were not aware that there had been any data disclosure,” an update released today for people affected by the breach states.
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<div id="gpt-ad-interscroller-5935221" class="gpt-ad" data-gpt-ad-unit-path="/8456/IDG.AU_B2B_ComputerWorld.com.au/security_section" data-gpt-size-mapping="[[[0, 0], [[3, 3]]]]" data-gpt-sizes="[[3, 3]]" data-gpt-targeting='{"node": ["657662"], "idgau_tax": ["news"], "country": ["AU"], "site": ["cw"], "kw": ["data", "cyber+security", "data+breach"], "sect": ["security"], "idgau_search_referrer": ["no"], "type": ["article"]}' data-google-query-id="CJjZirDFueACFYQPKwod2vcO-w">“Having since become aware of the disclosure on 4 February 2019, we have worked to confirm that the data disclosure relates to the vulnerability which had been previously secured.”</div>
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Founded in 1982 and listed on the Australian Stock Exchange in 2003, LMW has a long and proud heritage of providing independent professional property services to people and companies across Australia.
LMW has over 400 property professionals across 40 plus locations Australia wide.
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Banks drop LandMark White valuations after data breach

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LandMark White Limited recently became aware that a dataset containing property valuation and personal contact information has been leaked.
LMW stated, "We have engaged leading external cyber security and privacy experts to undergo a forensic investigation into the incident, as well as the circumstances of the disclosure of the dataset."
"We have also engaged leading privacy experts to assess the scope and impact of any information disclosed, so that we can assess who may be impacted by this incident."
"In addition to this, we will be monitoring all of our systems to ensure that there is no ongoing data security risk," they added.
LMW believe that the source of disclosure which took place on February 4 has now been closed and that there is no ongoing data breaches or leaks.
An initial statement was released February 5 on the breach, and they have a FAQ website that is being <a href="https://www.lmw.com.au/faqs" target="_blank">updated as new information</a> becomes available.
The data at risk was contained, property valuation and some personal contact information of home owners, residents, and property agents, including first and last name, residential address, and contact numbers."
They have stated, "we are in the process of reviewing the dataset to understand the scope and impact of the incident, and the number and profile of individuals whose information is contained in the dataset."
"We reiterate that there is no evidence of misuse of any personal information, although this remains under close review."
 
 
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What are Landmark White doing about property valuations data breach

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LandMark White has claimed it is the victim of a saboteur hellbent on destroying the listed valuation firm after it was hit with another data leak.
The company told the ASX that valuation and related commercial documents had been uploaded to international document sharing site SCRIBD.
"Someone is trying to destroy the company," chairman Keith Perrett told Nine Entertainment.
In a statement to the ASX on Thursday night, company secretary John Wise SCRIBD would removed all the documents offline within 24 hours.
"We are investigating this recent disclosure as an immediate priority and have identified that the documents mostly comprise PDF valuation documents and other operationally related commercial documents of LMW," Mr Wise said.
"We also confirm that these documents do not appear to have been taken from LMW through an IT related security breach but may be the deliberate work of an individual known to the LMW business."
Mr Wise said the company would work with law enforcement agencies and the Office of the Australian Information Commissioner. In a letter to clients, LandMark White acting chief executive Tim Rabbit said the leak "may be the work of an individual known to the LMW business".
"We are under attack," he said.
"This not a serious data breach.. it's sabotage and I hope the financial institutions will support a good Australian company that has worked incredibly hard to ensure our security systems are as goods as any in the world."
Earlier this month the property valuation and consultancy firm LandMark White revealed <a href="https://www.urban.com.au/news/95371-landmark-white-valuation-data-available-on-dark-web-forum-after-privacy-breach" target="_blank">the initial data breach from their servers in February</a> cost the company <a href="https://www.urban.com.au/news/98248-landmark-white-data-breach-to-cost-over-6-million" target="_blank">up to $7 million</a>. 
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LandMark White reports more private valuation files posted online

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Following the recent reinstatement of Commonwealth Bank, LandMark White has now secured Westpac as resuming its valuation workflow.
LMW told its shareholders that still requires reinstatement from a majority of our remaining banking clients before LMW can provide reasonable financial projections.
It remains suspended from the ASX.
It was February 19 when Westpac Group moved to protect the personal information and privacy of its borrowers after the recent data breach involving LandMark White Limited.
"We are investigating this matter and it is our immediate priority to contact and support any Westpac, St.George, Bank of Melbourne, BankSA or RAMS customers who may be affected," it advised.
Westpac believed only a small number of individuals are potentially impacted.
The data disclosed includes property valuation details and some contact details (such as names, addresses and email addresses) of the various parties involved in the property valuation process.
No loan application details, such as financial and identification documents, were disclosed.
LMW also told its shareholders today that an advertisement in today’s Australian Financial Review seeking Expressions of Interest for a “Property Services Business” did not relate to LMW.
Last month LandMark White was reinstated by Commonwealth Bank to its panel for residential valuations.
Marking a significant step for the company after the <a href="https://www.urban.com.au/news/94968-landmark-white-limited-reports-property-valuations-data-breach" target="_blank">recent cyber-attack</a>, Keith Perrett, Chairman of LandMark White, said the decision made by Commonwealth Bank is an endorsement of the actions taken by the company in response to the incident.
"We’re pleased a number of financial institutions have reinstated LMW to its panel of valuation providers, including one of Australia’s major lenders.
"Commonwealth Bank recognised the risk to our company, our staff and shareholders, and reviewed the enhancements to our systems and networks in an efficient manner while also ensuring its affected customers were supported,” Mr Perrett said.
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The company has been working closely with financial institutions throughout the last few weeks – including all of Australia’s major lenders – to ensure its systems and networks are now subject to the highest level of security and monitoring.
Commonwealth Bank, as well as NAB and ANZ, <a href="https://www.urban.com.au/news/95286-landmark-white-valuation-data-breach" target="_blank">dropped LandMark White</a> following the attack.
LMW liaised with Commonwealth Bank’s Data Protect Group to assess and improve its datasecurity environment, while the company has also committed to a framework for robust risk management and continuous improvement.
"We’re pleased a number of financial institutions have reinstated LMW to its panel of valuation providers, including one of Australia’s major lenders. 
“It’s a great sign of faith in our company and our people, and I thank the Commonwealth Bank for the support they have shown LMW in the last few weeks. We are confident we now have one of the most secure systems and networks for a property valuation company in Australia.”
“We have been a trusted member of the industry for nearly 40 years and with the support ofall the major banks, we’re confident we’ll be here for another 40 years and longer.”
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LandMark White see Westpac return after dark web data privacy breach 

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EXPERT OBSERVER
Facial recognition technology is increasingly being trialled and deployed around Australia.
Queensland and Western Australia are reportedly already using real-time facial recognition through CCTV cameras. 7-Eleven Australia is also deploying facial recognition technology in its 700 stores nationwide for what it says is customer feedback.
And Australian police are <a href="https://theconversation.com/australian-police-are-using-the-clearview-ai-facial-recognition-system-with-no-accountability-132667" target="_blank">reportedly using</a>a facial recognition system that allows them to identify members of the public from online photographs.
Facial recognition technology has a somewhat nefarious reputation in some police states and non-democratic countries. It has been used by the police in China to identify anti-Beijing protesters in <a href="https://www.nytimes.com/2019/07/26/technology/hong-kong-protests-facial-recognition-surveillance" target="_blank">Hong Kong</a> and monitor members of the <a href="https://www.theguardian.com/news/2019/apr/11/china-hi-tech-war-on-muslim-minority-xinjiang-uighurs-surveillance-face-recognition" target="_blank">Uighur minority</a> in Xinjiang.
With the spread of this technology in Australia and other democratic countries, there are important questions about the legal implications of scanning, storing and sharing facial images.
Use of technology by public entities
The use of facial recognition technology by immigration authorities (for example, in the channels at airports for people with electronic passports) and police departments is authorised by law and therefore subject to public scrutiny through parliamentary processes.
In a positive sign, the government’s proposed identity matching services laws are <a href="https://journals.sagepub.com/doi/full/10.1177/1037969X20920008" target="_blank">currently being scrutinised</a> by a parliamentary committee, which will address concerns over <a href="http://www.unswlawjournal.unsw.edu.au/article/who-owns-information-law-enforcement-information-sharing-as-a-case-study-in-conceptual-confusion/" target="_blank">data sharing</a> and the potential for people to be incorrectly identified.
Indeed, Australian Human Rights Commissioner Edward Santow recently <a href="https://www.smh.com.au/technology/harm-against-humans-rights-chief-warns-of-facial-recognition-threat-20200611-p551o6" target="_blank">sounded an alarm</a> over the lack of regulation in this area.
At the moment, there are not strong and clear enough legal protections in place to prevent the misuse of facial recognition in high stakes areas like policing or law enforcement.
Another specific concern with the legislation is that people’s data <a href="https://theconversation.com/why-the-governments-proposed-facial-recognition-database-is-causing-such-alarm-125811" target="_blank">could be shared</a> between government agencies and private companies like telcos and banks.
How private operators work
Then there is the use of facial recognition technology by private companies, such as banks, telcos and even 7-Elevens.
Here, the first thing to determine is if the technology is being used on public or private land. A private landowner can do whatever it likes to protect itself, its wares and its occupants so long as <a href="https://www.propertyobserver.com.au/https://legal.thomsonreuters.com.au/the-law-of-private-security-in-australia-2nd-edition/productdetail/99342" target="_blank">it doesn’t break the law</a> (for example, by unlawful restraint or a discriminatory practice).
This would include allowing for the installation and monitoring of staff and visitors <a href="https://theconversation.com/cctv-who-can-watch-whom-under-the-law-63046" target="_blank">through facial recognition cameras</a>.
By contrast, on public land, any decision to deploy such tools must go through a more transparent decision-making process (say, a council meeting) where the public has an opportunity to respond.
This isn’t the case, however, for many “public” properties (such as sports fields, schools, universities, shopping centres and hospitals) that are privately owned or managed. As such, they can be <a href="https://theconversation.com/non-police-doing-police-type-work-operate-in-a-perilously-grey-area-of-law-53219" target="_blank">privately secured</a> through the use of guards monitoring CCTV cameras and other technologies.
Facial recognition is not the only surveillance tool available to these private operators. Others include iris and <a href="https://whatis.techtarget.com/definition/retina-scan" target="_blank">retina scanners</a>, <a href="https://www.sciencedaily.com/releases/2014/09/140916102000.htm" target="_blank">GIS profiling</a>, <a href="https://www.datasciencecentral.com/profiles/blogs/the-7-most-important-data-mining-techniques" target="_blank">internet data-mining</a> (which includes “<a href="https://www.urban.com.au/property-observer" target="_blank">predictive analytics</a>,” that is, building a customer database on the strength of online behaviours), and “<a href="https://hbr.org/2019/01/neuromarketing-what-you-need-to-know" target="_blank">neuromarketing</a>” (the use of surveillance tools to capture a consumer’s attributes during purchases).
There’s more. Our technological wizardry also allows the private sector to store and retrieve huge amounts of customer data, including every purchase we make and the price we paid. And the major political parties have compiled <a href="https://www.aspg.org.au/wp-content/uploads/2017/09/02-Onselen-Errington-full.pdf" target="_blank">extensive private databanks</a> on the makeup of households and likely electoral preferences of their occupants.
Is it any wonder we have started to become <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2524167" target="_blank">a little alarmed</a> by the reach of surveillance and data retention tools in our lives?
What’s currently allowed under the law
The law in this area is new and struggling to keep up with the pace of change. One thing is clear: the law does not prohibit even highly intrusive levels of surveillance by the private sector on private land in the absence of illegal conduct.
The most useful way of reviewing the legal principles in this space is to pose specific questions:
Can visitors be legally photographed and scanned when entering businesses?
The answer is yes where visitors have been warned of the presence of cameras and scanners by the use of signs. Remaining on the premises denotes implied consent to the conditions of entry.
Do people have any recourse if they don’t want their image taken?
No. The law does very little to protect those who may be upset by the obvious presence of a surveillance device on a door, ceiling or wall. The best option for anybody concerned about this is to leave the premises or not enter in the first place.
What about sharing images? Can private operators do whatever they like with them?
No. The sharing of electronic data is limited by what are referred to as the “<a href="https://www.oaic.gov.au/privacy/australian-privacy-principles-guidelines/" target="_blank">privacy principles</a>”, which govern the rights and obligations around the collection, use and sharing of personal information. These were extended to the private sector in 2001 by amendments to the Commonwealth <a href="https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/pa1988108/" target="_blank">Privacy Act 1988</a>.
These privacy principles would certainly prohibit the sharing of images except, for example, if a store was requested by police to hand them over for investigation purposes.
Can private businesses legally store your image?
Yes, private or commercial enterprises can store images of people captured on their cameras in their own databases. A person can ask for the image to be disclosed to them (that is, to confirm it is held by the store and to see it) under the “privacy principles”. Few people would bother, though, since it’s unlikely they would know it even exists.
The privacy principles do, however, require the business to take reasonable steps to destroy the data or image (or ensure there is de-identification) once it is no longer needed.
What if facial recognition technology is used without warnings like signs?
If there is a demonstrable public interest in any type of covert surveillance (for example, to ensure patrons in casino gaming rooms are not cheating, or to ensure public safety in crowded walkways), and there is no evidence of, or potential for, misuse, then the law permits it.
However, it is <a href="https://theconversation.com/explainer-what-does-the-law-say-about-secret-recordings-and-the-public-interest-140731" target="_blank">not legal to film someone covertly</a> unless there is a public interest in doing so.
What does the future hold?
Any change to the laws in this area is a matter for our parliamentarians. They have been slow to respond given the difficulty of determining what is required.
It will not be easy to frame legislation that strikes the right balance between respecting individuals’ <a href="https://theconversation.com/animal-activists-v-private-landowners-what-does-the-law-say-110279" target="_blank">rights to privacy</a> and the desires of commercial entities to keep their stock, patrons and staff secure.
In the meantime, there are steps we can all take to safeguard our privacy. If you want to protect your image completely, don’t select a phone that switches on when you look at it, and don’t get a passport.
And if certain businesses want to scan your face when you enter their premises, give them a wide berth, and your feedback.<img src="https://counter.theconversation.com/content/141357/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important; text-shadow: none !important;">
<a href="https://theconversation.com/profiles/rick-sarre-22428" target="_blank">Rick Sarre</a>, Adjunct Professor of Law and Criminal Justice, <a href="https://theconversation.com/institutions/university-of-south-australia-1180" target="_blank">University of South Australia</a>
This article is republished from <a href="https://theconversation.com" target="_blank">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/facial-recognition-technology-is-expanding-rapidly-across-australia-are-our-laws-keeping-pace-141357" target="_blank">original article</a>.
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