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APRA puts New Daily probe on backburner

By Sarah Kendell
3 minute read

The prudential regulator has declined to release information surrounding its inquiries into AustralianSuper’s potential privacy breach through its partnership with The New Daily, saying it’s not within its purview to produce a report on the matter.

Liberal senator Andrew Bragg, who has been a fierce critic of industry funds’ tie-up with the controversial publication, asked a series of questions on notice to APRA surrounding its inquiry into AustralianSuper’s decision to supply members’ data to The New Daily to subscribe them on an opt-out basis.

“What is the scope of the inquiry into the Australian Super / New Daily data breach?” Senator Bragg asked.

“What is the timing on the inquiry and what type of report will be generated?”


In response, the prudential regulator said it had asked AustralianSuper “a series of specific questions about the trustee’s decision making process in the context of their regulatory obligations”.

“APRA has also engaged with the Privacy Commissioner and continues to work with them in relation to this matter,” APRA said.

The prudential regulator previously told Senate estimates in June that it had “made inquiries in relation to the New Daily” including questioning AustralianSuper specifically, as well as other funds that may have made their members’ data available on an opt-out basis.

“Our inquiries are ongoing and we’re liaising with the Privacy Commissioner in relation to that matter. I haven’t got an exact time frame, but we would expect these discussions will be happening in the next few days and weeks,” APRA executive director of super Suzanne Smith said at the time.

However in response to Senator Bragg’s questions on notice, APRA said it was still “unable to provide a definitive timeline” as to when the inquiries would conclude.

“We are unable to provide a definitive timeline as it will depend on the findings. This is not the type of matter that APRA would typically generate a report on, and, consistent with this practice, we will not be producing one,” the regulator said.

APRA said once “the facts and circumstances” around the potential privacy breach were “known and properly understood”, it would determine “any necessary further actions”.