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ARTICLE · 30 SEPTEMBER 2021

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Data breaches – Your legal reporting obligations

Clifford Gouldson Lawyers
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Organisations regulated by the Privacy Act must report notifiable data breaches to affected individuals and to the OAIC.

AustraliaPrivacy
Ben Gouldson
Ben Gouldson
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Australian privacy and information security laws are complex. In particular, we find many of our clients struggle with understanding when the Notifiable Data Breach (NDB) scheme under the Australian Privacy Act applies to their business. It is essential to learn not only when the NDB scheme applies but also how to prevent and mitigate data breaches in the event they occur.

What is the Privacy Act?

The Privacy Act1 (the Act) regulates the way organisations handle, disclose, use and market individual's personal information. The Act primarily regulates Australian Government agencies and organisations with an annual turnover greater than $3 million, but some small businesses such as those who opt into the scheme, or deal with health data and credit reporting are also covered.

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