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ARTICLE · 16 MARCH 2017

Australia's New Breach Notification Law Set To Take Effect February 2018

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On February 13, 2017, the Australian Senate passed a bill establishing a mandatory requirement to notify the Privacy Commissioner and affected individuals of "eligible" data breaches.

AustraliaPrivacy
Melinda McLellan
Melinda McLellan
Emily Fedeles
Emily Fedeles
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On February 13, 2017, the Australian Senate passed a bill establishing a mandatory requirement to notify the Privacy Commissioner and affected individuals of "eligible" data breaches. The Privacy Amendment (Notifiable Data Breaches) Act 2016, which was passed by the House of Representatives the previous week, amends Australia's Privacy Act 1988 and is slated to take effect on February 22, 2018 if no earlier date is proclaimed.

The new law introduces a data breach notification scheme that obligates all agencies and businesses that are regulated by the Privacy Act to provide notice to the Office of the Australian Information Commissioner (OAIC) and affected individuals of certain data breaches that are "likely" to result in "serious harm."

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