Dr Katharine Kemp is Associate Professor at the Faculty of Law & Justice, UNSW Sydney, and Deputy Director of the Allens Hub for Technology, Law & Innovation.
Katharine’s research focuses on competition, data privacy and consumer protection regulation. She has published widely in these fields, including "Misuse of Market Power: Rationale and Reform" (Cambridge University Press), "Competition Law of South Africa" (LexisNexis) with PJ Sutherland, and numerous peer-reviewed journal articles. In 2023, she was awarded the Emerging Leader Award at the national Australian Financial Review Higher Education Awards.
Her advisory and editorial roles include representing Australia as a Non-Government Advisor to the International Competition Network, and acting as a Member of the Advisory Board of the Future of Finance Initiative in India, the Advisory Panel for Consumer Policy Research Centre and the Editorial Board of TechREG Chronicle, published by Competition Policy International.
She also convenes and lectures the Data Privacy Law course; the postgraduate course, Financial Law and Regulation in the Age of Fintech; and Contracts at UNSW Law.
Before joining the faculty, Katharine was a Research Fellow on the UNSW Digital Financial Services Research Team, conducting in-depth research into the regulation of digital financial services in developing countries in particular.
She has also practised as a commercial lawyer at Allens, as a barrister in Melbourne, and consulted to the Competition Commission of South Africa during the six years that she lived and worked in South Africa.
Reports
Bennett Moses L; Kemp K; Lee A; Manwaring K; Nicholls R, 2023, Submission to Select Committee on Artificial Intelligence (Parliament of South Australia)
2023, Ignoring Privacy Practices Would Distort Data Broker Issues (Submission on Digital Platform Services Inquiry - March 2024 Report on Data Brokers - Issues Paper)
Bennett Moses L; Kemp K; Lee A; Manwaring K; Nicholls R, 2023, UNSW Allens Hub Submission into Inquiry into Artificial Intelligence (AI) in New South Wales
2023, Submission to DISR re Supporting responsible AI Discussion paper (UNSW Allens Hub and UNSW Business RegLab)
2023, Ending the Fictions in Modern Data Practices: Submission in Response to the Privacy Act Review Report
Kemp K, 2023, Your Body, Our Data: Unfair and Unsafe Privacy Practices of Popular Fertility Apps, http://dx.doi.org/10.2139/ssrn.4396029, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4396029
2022, Submission to the Attorney General's Department on the Privacy Act Review Discussion Paper
2022, Balancing the Competition, Consumer Protection and Privacy Regulation of Digital Platforms: Submission in response to the ACCC Digital Platform Services Inquiry Discussion Paper on Updating Competition and Consumer Law for Digital Platform Services
2021, Submission to the Attorney-General’s Department in response to the Online Privacy Bill Exposure Draft
2021, (mis)Informed Consent in Australia (Report for iappANZ, 31 March 2021), http://dx.doi.org/10.2139/ssrn.3859848
Kemp K, 2021, The Absence of Competition in the Privacy Terms of Online Marketplaces: Submission in Response to the ACCC General Online Retail Marketplaces Issues Paper, Digital Platform Services Inquiry, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3905693
Kemp K, 2020, Submission in Response to the Australian Competition & Consumer Commission Ad Tech Inquiry Issues Paper, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3587239
Greenleaf G; Kemp K, 2020, Australia’s ‘COVIDSafe App’: An Experiment in Surveillance, Trust and Law, University of New South Wales Law Research Series 999, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3589317
Bennett Moses L; Churches G; Zalnieriute M; Byrnes A; Scully J; Kemp K; Greenleaf G, 2020, COVIDSafe App - Submission to the Parliamentary Joint Committee on Human Rights, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3595109
Bennett Moses L; Chappell L; Churches G; Zalnieriute M; Byrnes A; Scully JL; Kemp K; Greenleaf G, 2020, Submission to Federal Attorney General, Privacy Amendment (Public Health Contact Information) Bill 2020, https://www.allenshub.unsw.edu.au/sites/default/files/inline-files/UNSW%20Submission%20to%20AG%20Porter%20re%20COVIDSafe.pdf
Bennett Moses L; Churches G; Zalnieriute M; Byrnes A; Scully J; Kemp K; Greenleaf G, 2020, Submission to Senate Select Committee on COVID-19 re Privacy Amendment (Public Health Contact Information) Bill 2020, https://unsw.sharepoint.com/:b:/s/LawResearchSupport/ETsj6l0D8oBKhaCitN3nhssBB1QHxQsaXLMp9_9rXmF9vQ?e=46zOJ3
Kemp K, 2020, Submission to the Attorney General's Department on the Privacy Act Review Issues Paper, https://www.ag.gov.au/sites/default/files/2021-01/dr-katharine-kemp.PDF
Kemp K; Nicholls R, 2019, Submission in response to ACCC Digital Platforms Inquiry Draft Report
2019, Submission on the ACCC Digital Platforms Inquiry Final Report
Kemp K, 2019, Submission on the Digital Platform Inquiry: FInal Report
Kemp K; Nicholls R, 2018, Submission to the Australian Treasury on the Treasury Laws Amendment (Consumer Data Right) Bill 2018 - Exposure Draft, https://treasury.gov.au/sites/default/files/2019-03/t329531-Kemp-and-Nicholls.docx
Bennett Moses L; Buckley R; Johns F; Greenleaf G; Kemp K; De Leeuw M; Manwaring K; Maurushat A; Zalnieriute M, 2018, Response to Issues Paper on Data Sharing and Release, https://www.pmc.gov.au/sites/default/files/public-submissions/data-sharing-2018/20684.pdf
Kemp K; Vaile D, 2018, Submission to the Australian Treasury on the Review into Open Banking in Australia Final Report, https://treasury.gov.au/sites/default/files/2019-03/T282002-Kemp-and-Vaile.docx
Kemp K; Didenko A; Malady L; Buckley R, 2017, Submission on the APRA Discussion Paper on Licensing: A Phased Approach to Authorising New Entrants to the Banking Industry
Kemp K, 2016, Submission to the New Zealand Ministry of Business, Innovation & Employment on the Targeted Review of the Commerce Act 1986 Issues Paper, “A Third Way: Objective Anticompetitive Purpose”
Kemp K, 2016, Submission to the Australian Treasury on Options to Strengthen the Misuse of Market Power Law Discussion Paper, “A Third Way: Objective Anticompetitive Purpose”
Kemp K; Didenko A; Malady L; Buckley R, 2015, Submission to the Australian Payments Plan Consultation: Shaping the Future of Australian Payments
Kemp K, 2014, Submission to the Competition Policy Review Committee, "The Under-Inclusive "Take Advantage" Standard, a Proposal for an Onus-Shifting Approach and the Canadian SLC Alternative"
Kemp K, The South African Example: A Legislated Effects-Based Test and Efficiency Defence for Misuse of Market Power, Elsevier BV, http://dx.doi.org/10.2139/ssrn.2731481, http://dx.doi.org/10.2139/ssrn.2731481
Bennett Moses L; Buckley RP; Johns FE; Greenleaf G; Kemp K; De Leeuw M; Manwaring K; Maurushat A; Zalnieriute M, Response to Issues Paper on Data Sharing and Release, Elsevier BV, http://dx.doi.org/10.2139/ssrn.3348816, http://dx.doi.org/10.2139/ssrn.3348816
Book Chapters
Kemp K; Camp M, 2023, 'Pecuniary Penalties under the Privacy Act: Damage and Deterrence', in Kayis D; Gluer E; Walpole S (ed.), The Law of Civil Penalties, The Federation Press
Media
Parker G; Kemp K, 2022, 'Are you okay with this?’ Facial recognition of unsuspecting customers prompts privacy warning, , https://www.6pr.com.au/are-you-okay-with-this-facial-recognition-of-unsuspecting-customers-prompts-privacy-warning/
Kemp K, 2022, The ACCC is suing Meta for celebrity crypto scam ads on Facebook. Here’s why the tech giant could be found liable, , https://theconversation.com/the-accc-is-suing-meta-for-celebrity-crypto-scam-ads-on-facebook-heres-why-the-tech-giant-could-be-found-liable-179655
Rubinstein M; Kemp K, 2022, Competition vs Privacy with Dr Katharine Kemp, , https://podcasts.apple.com/au/podcast/competition-vs-privacy-with-dr-katharine-kemp/id1585098937?i=1000563933277
Kemp K, 2021, A new proposed privacy code promises tough rules and $10 million penalties for tech giants, , https://theconversation.com/a-new-proposed-privacy-code-promises-tough-rules-and-10-million-penalties-for-tech-giants-170711
Kemp K; Manwaring K, 2020, Australia’s privacy watchdog is taking Facebook to court. It’s a good start,
Kemp K; Nicholls R, 2020, No more negotiating: new rules could finally force Google and Facebook to pay for news, , https://theconversation.com/no-more-negotiating-new-rules-could-finally-force-google-and-facebook-to-pay-for-news-136718
Kemp K; Greenleaf G, 2020, The COVIDSafe bill doesn’t go far enough to protect our privacy. Here’s what needs to change, , https://theconversation.com/the-covidsafe-bill-doesnt-go-far-enough-to-protect-our-privacy-heres-what-needs-to-change-137880
Kemp K, 2020, Every step you take: why Google’s plan to buy Fitbit has the ACCC’s pulse racing, , https://theconversation.com/every-step-you-take-why-googles-plan-to-buy-fitbit-has-the-acccs-pulse-racing-141052
Newman C; Kemp K, 2020, Trust, sexuality and gender diversity, , https://podcasts.apple.com/au/podcast/trust-exercise/id1524894661
Newman C; Kemp K, 2020, Trust in digital health and health researchers, , https://podcasts.apple.com/au/podcast/trust-exercise/id1524894661
Kemp K, 2020, The US is taking on Google in a huge antitrust case. It could change the face of online search, , https://theconversation.com/the-us-is-taking-on-google-in-a-huge-antitrust-case-it-could-change-the-face-of-online-search-148519
Kemp K, 2020, The ACCC is suing Google for misleading millions. But calling it out is easier than fixing it, , https://theconversation.com/the-accc-is-suing-google-for-misleading-millions-but-calling-it-out-is-easier-than-fixing-it-143447
Kemp K, 2019, Here’s how tech giants profit from invading our privacy, and how we can start taking it back, , https://theconversation.com/heres-how-tech-giants-profit-from-invading-our-privacy-and-how-we-can-start-taking-it-back-120078
Nicholls R; Kemp K, 2019, Consumer watchdog calls for new measures to combat Facebook and Google’s digital dominance, , https://theconversation.com/consumer-watchdog-calls-for-new-measures-to-combat-facebook-and-googles-digital-dominance-120077
Kemp K, 2019, The ACCC is suing Google over tracking users. Here’s why it matters, , https://theconversation.com/the-accc-is-suing-google-over-tracking-users-heres-why-it-matters-126020
Kemp K; Nicholls R, 2019, The federal government’s response to the ACCC’s Digital Platforms Inquiry is a let down, , https://theconversation.com/the-federal-governments-response-to-the-acccs-digital-platforms-inquiry-is-a-let-down-128775
Kemp K, 2018, ACCC wants to curb digital platform power – but enforcement is tricky, , https://theconversation.com/accc-wants-to-curb-digital-platform-power-but-enforcement-is-tricky-107791
Kemp K, 2018, 94% of Australians do not read all privacy policies that apply to them – and that’s rational behaviour, , https://theconversation.com/94-of-australians-do-not-read-all-privacy-policies-that-apply-to-them-and-thats-rational-behaviour-96353
Kemp K; Vaile D, 2018, Soft terms like ‘open’ and ‘sharing’ don’t tell the true story of your data, , https://theconversation.com/soft-terms-like-open-and-sharing-dont-tell-the-true-story-of-your-data-95521
Journal articles
Greenleaf G; Kemp K, 2022, 'Australia's Privacy Act Discussion Paper: 'All that is solid melts into air'', Privacy Laws & Business International Report, Feb 2022, pp. 22 - 26
2022, '‘A rose by any other unique identifier’: Regulating consumer data tracking and anonymisation claims',
Kemp K, 2022, 'Strengthening Enforcement and Redress Under the Australian Privacy Act', Global Privacy Law Review, 3, pp. 150 - 162
Greenleaf G; Kemp K, 2021, 'Australia’s ‘COVIDSafe’ law for contact tracing: an experiment in surveillance and trust', International Data Privacy Law, 11, pp. 257 - 275, http://dx.doi.org/10.1093/idpl/ipab009
Kemp K, 2021, 'Why Use Consumer Protection Regulation to Target Misleading Representations about Privacy? The Australian Case Against Google', Communications Law - Journal of Computer, Media and Telecommunications Law, 26, https://uk.westlaw.com/Document/I7E4ABB605ED311ECBEAE8BC7BC5132C9/View/FullText.html
Kemp K, 2021, 'Causation in Misuse of Market Power Claims under the Competition and Consumer Act 2010 (Cth)', Australian Business Law Review, 49, pp. 208 - 229
Greenleaf G; Kemp K, 2020, 'Australia’s COVIDSafe Experiment, Phase III: Legislation for Trust in Contact Tracing', SSRN Electronic Journal, http://dx.doi.org/10.2139/ssrn.3601730
Greenleaf G; Kemp K, 2020, 'Australia's 'COVIDSafe' Law for a Voluntary Contact Tracing App', Privacy Laws & Business International Report, pp. 1 - 6
Kemp K; Greenleaf G, 2020, 'Competition and consumer watchdog spurs Australian privacy changes', Privacy Laws & Business International Report, pp. 25 - 28
Kemp K, 2020, 'Concealed data practices and competition law: why privacy matters', European Competition Journal, pp. 628 - 672, http://dx.doi.org/10.1080/17441056.2020.1839228
Kemp K, 2020, 'Australia’s draft News Media Bargaining Code', Competition Law International, 16
Kemp KR, 2018, 'Misuse of Market Power in Australia and Abuse of Dominance in Canada: Two Legislated Effects Tests for Unilateral Conduct', Australian Journal of Competition and Consumer Law, http://dx.doi.org/10.2139/ssrn.3289403
Kemp K, 2018, 'Misuse of Market Power in Australia and Abuse of Dominance in Canada: Two Legislated Effects Tests for Unilateral Conduct', AUSTRALIAN JOURNAL OF COMPETITION AND CONSUMER LAW, 26, pp. 174 - 192, https://www.webofscience.com/api/gateway?GWVersion=2&SrcApp=PARTNER_APP&SrcAuth=LinksAMR&KeyUT=WOS:000444624500003&DestLinkType=FullRecord&DestApp=ALL_WOS&UsrCustomerID=891bb5ab6ba270e68a29b250adbe88d1
2018, 'Restricted Banking Licences: An Opportunity to Be Seized', , http://dx.doi.org/10.2139/ssrn.3146666
Kemp KR, 2017, 'A Unifying Standard for Monopolization: Objective Anti competitive Purpose', Houston Journal of International Law, 39, pp. 113 - 113
Kemp KR, 2017, ''The Big Chill'? A Comparative Analysis of Effects-Based Tests for Misuse of Market Power', University of New South Wales Law Journal, 40, pp. 493 - 493, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2977116
2017, 'Resolution Powers Over E-Money Providers', , http://dx.doi.org/10.2139/ssrn.3002927
Kemp K; Buckley RP, 2017, 'Protecting Financial Consumer Data in Developing Countries: An Alternative to the Flawed Consent Model', , http://dx.doi.org/10.1353/gia.2017.0035
Kemp KR, 2016, 'Taking Advantage' and Other Profit-Focused Tests for Unilateral Anticompetitive Conduct', Monash University Law Review, 41, pp. 655 - 695
Kemp KR, 2015, 'The case against 'French J's Arsonist'', Australian Business Law Review, 43, pp. 228 - 228, http://ssrn.com/abstract=2726901
Kemp KR, 2014, 'Uncovering the Roots of Australia’s Misuse of Market Power Provision: Is it Time to Reconsider?', Australian Business Law Review, 42, pp. 329
Kemp K, 2005, 'The Significance of Consideration Paid for Post-employment Restraints in England and Germany', Stellenbosch Law Review, 16, pp. 257 - 257
Conference Papers
2022, 'Abuse of Dominance in Digital Markets'
2022, 'How to Track Consumers Who Don’t Want to be Tracked: Examples from Australia’s Largest Media Companies and their Suppliers'
Kemp K, 2020, 'Concealed Data Practices and Competition Law', New York University, New York, USA, presented at NYU/ABA Next Generation of Antitrust, Data Privacy and Data Protection Scholars Conference, New York University, New York, USA, 29 January 2020
Kemp K, 2019, 'Substantial Lessening of Competition under the New Section 46: Will We Know it When We See it?', Sydney, presented at Competition Law Conference, Sydney, 25 May 2019
Kemp K, 2017, 'The Next Chapter in Australia's Misuse of Market Power Law: Are We Killing the Tiger While it is Young?', Sydney, presented at Competition Law Conference, Sydney, 06 May 2017 - 06 May 2017
Conference Presentations
Kemp K, 2021, 'Regulation and Innovation in Digital Markets', presented at Plenary Session, Law Council of Australia Competition & Consumer Law Committee Annual Workshop, 27 August 2021
Kemp K, 2021, 'E-commerce as a Vehicle for Inclusive Global Economy', presented at CUTS International “Competition, Regulation and Development” 7th Biennial Conference, 17 November 2021, https://www.youtube.com/watch?v=s_d6DTZK26c
Kemp K, 2021, 'Competition Policy Challenges in the Digital Era: The Race to Regulate', presented at Competition Policy Challenges in the Digital Era, Centre for Global Business, Monash University, 19 November 2021 - 19 November 2021
Kemp K, 2020, 'Misuse of Market Power – What an ‘Effects Test’ Would Mean for New Zealand?', presented at Competition Law & Policy Institute of New Zealand, 19 August 2020
Kemp K, 2020, 'Remedies for Unilateral Anticompetitive Conduct in Digital Markets', presented at Plenary Session, International Competition Network Annual Conference, Washington DC, 16 September 2020
Recorded / Rendered Creative Works
Kemp K, 2020, Trust Exercise: UNSW Grand Challenge on Trust Podcast Series, Editor(s): Kemp K, Published: 01 December 2020, Recorded / Rendered Creative Works, https://soundcloud.com/trustexercise/tracks
Books
Kemp K, 2018, Misuse of Market Power: Rationale and Reform, Cambridge University Press, http://dx.doi.org/10.1017/9781316882566
Sutherland P; Kemp K, 2000, Competition Law of South Africa Service
Preprints
Kemp K; Greenleaf G, Ignoring Privacy Practices Would Distort Data Broker Issues (Submission on Digital Platform Services Inquiry - March 2024 Report on Data Brokers - Issues Paper), , http://dx.doi.org/10.2139/ssrn.4537963
Kemp K; Greenleaf G, Competition and Consumer Watchdog Spurs Australian Privacy Changes, , http://dx.doi.org/10.2139/ssrn.3748311
Greenleaf G; Kemp K, COVID & Digital Surveillance: Common Legislative Protections for Proximity Apps, Attendance Tracking, and Status Certificates (Part II) (Presentation Slides), , http://dx.doi.org/10.2139/ssrn.3875920
Bennett Moses L; Churches G; Zalnieriute M; Byrnes AC; Scully JL; Kemp K; Greenleaf G, COVIDSafe App - Submission to the Parliamentary Joint Committee on Human Rights, , http://dx.doi.org/10.2139/ssrn.3595109
Kemp K; Greenleaf G, COVID Digital Surveillance: Common Legislative Protections for Proximity Apps, Attendance Tracking, and Status Certificates (Part I) (Presentation Slides), , http://dx.doi.org/10.2139/ssrn.3878659
Greenleaf G; Kemp K, Police Access to COVID Check-In Data Is An Affront to Our Privacy. We Need Stronger and More Consistent Rules in Place, , http://dx.doi.org/10.2139/ssrn.3922035