42 | WATERLINE December 2025 LEGAL LINES ADVANCING TECHNOLOGY MANAGING PRIVACY AND DATA RISKS IN MARINA OPERATIONS Following the growing advancement of technology in the marina industry, many opportunities have been embraced by marinas to optimise their facilities. Understanding these trends are an important step for your marina to ensure your facilities operate efficiently, whilst also meeting your legal obligations around the safe and responsible use of technology. CURRENT TRENDS: WHAT THIS MEANS FOR YOU As supported by the Australian Maritime Safety Authority (AMSA), digital transformation is becoming a priority with several technology trends offering a more sustainable and efficient operation in the maritime industry. Specifically, marinas have embraced two key technologies. • Smart security systems Unlike traditional CCTV, marinas with smart security systems are now using incorporated AI- powered video analytics that can monitor and detect security risks more efficiently. These systems also include advanced access control measures such as key card management, biometric scanners and marina specific boat activity i.e. arrivals and departures. • Unified software platforms Modern marinas are adopting comprehensive software solutions that integrate more efficient functions such as berth bookings, invoicing, customer management and reporting, into a single platform. These technologies are becoming more mainstream; therefore, marinas must also carefully consider the associated legal risks involved with its implementation. LEGAL RISK AND COMPLIANCE With respect to the above examples, as your marina looks to optimise the use of technology it is crucial to understand your legal obligations to ensure the safe and responsible use of technology in and around your marina. Under the Privacy Act 1988 (Cth) (Act) and Australian Privacy Principles (APP), marinas have an overall obligation to meet the set standards for collecting, using, storing, and disclosing personal information. Common examples of personal information for your marina may include the collection of names, addresses, health information, transactional records, surveillance data and other forms of data that may be used to identify a person. Organisations must take reasonable steps to protect sensitive data and maintain transparency with all relevant persons, around the management and use of personal information. Notably, non-compliance can result in hefty fines, legal actions or in severe cases criminal proceedings. This has become a significant focus for regulatory authorities to ensure organisations adhere to these legal obligations. For instance, in 2022 the Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 was passed, increasing the maximum penalty for serious and repeated privacy breaches to $50 million, from $2 million. As an organisation under the Act and APP it is common for your marina to collect and store data which may include the personal information of visitors, berth owners and employees, therefore, it is important to understand your obligations under privacy laws to ensure you remain compliant. OUR RECOMMENDATIONS FOR BEST PRACTICE • Review the current privacy and surveillance clauses in your marinas privacy policies and commercial agreements. • Provide training and digital literacy workshops for your marina staff to develop understanding around legal compliance, privacy obligations, data protection and personal information storage. • Conduct scheduled comprehensive audits and policy reviews around the storage, collection, and usage of personal information in your marina. • Ensure you have risk management strategies and procedures in place to address data breaches and compliance concerns. GIVE US A CALL Our office can assist your marina by reviewing your current commercial agreements (such as berthing leases, contractor agreements, or licenses), privacy policies, and surveillance practices to ensure you remain compliant under the Act, APP and other relevant privacy regulations. If you have any queries in the meantime, or need assistance in reviewing any requirements under your commercial agreements, please do not hesitate to contact: Tim Smith (07) 3231 0628 tsmith@mcw.com.au legal@marinas.net.au FREE LEGAL SUPPORT FOR MIA MEMBERS EXCLUSIVE TO AUSTRALIAN-BASED MEMBERS Two free initial consultations per year 20–30 minute assessment & response from a legal expert General legal guidance Including:
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