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Rogue OpenAI agents hacked into Medicare — is it a crime?

ABC Radio National Law Report

Presented by Damien Carrick

Tue 6 Oct 2026 at 5:30pm

When OpenAI agents gained unauthorised access to the Medicare data portal, Prime Minister Anthony Albanese said he was extremely concerned about the privacy breach. 

But are there any legal consequences? Could OpenAI be prosecuted for the hack? Could it be liable in a civil action?

As the technology develops at breakneck speed, the Law Report discusses what guardrails are necessary to keep people and data safe in the age of AI and social media.

Guests:

Jeannie Paterson, Professor of Law, Melbourne Law School and Co-Director, Centre for AI and Digital Ethics at the University of Melbourne  

Dr Rob Nicholls, Senior Research Associate, University of Sydney Centre for AI

To hear the full program click here.

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