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ARTICLE · 09 JANUARY 2018

Dealing with the dangers of a digital world: New notifiable data breach scheme for Australia explained

Cooper Grace Ward
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Organisations should review their practices for securing personal information and prepare data breach response plans.

AustraliaPrivacy
Charles Sweeney
Charles Sweeney
George Dingle
George Dingle
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The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) was enacted by Federal Parliament last year to establish a mandatory data breach notification scheme in Australia. The scheme will commence on 22 February 2018.

WHO IS AFFECTED BY THE SCHEME?

The scheme will apply to all entities required to comply with the Privacy Act (Cth) and the Australian Privacy Principles (APP entities).

APP entities include any businesses (including private sector and not-for-profit organisations) with an annual turnover of more than $3 million.

Credit reporting bodies, health service providers, businesses that trade in personal information, businesses that collect or hold tax file number information and some other organisations will also be covered by the Privacy Act (and will be subject to the notifiable date breach scheme), irrespective of whether they meet the $3 million annual turnover threshold.

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