This article from July 2020, provides an analysis of the impact the Coronavirus pandemic has had on Australian companies and how they manage their workforces, with many employees working from home even though some states and territories have loosened lockdown restrictions.
Because of this context, and since most data breaches are the result of human error (or involve internal actors), there are risks with applying the principle of vicarious liability indiscriminately to a distributed workforce. The article also describes recent case law that shows vicarious liability is certainly not a blanket principle, and the challenges that will come with applying vicarious liability in the future, with various forms of a distributed workforce here to stay.
Authors: Melissa Fai, Partner, and Jack Corcoran, Lawyer, Gilbert + Tobin