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ARTICLE · 05 SEPTEMBER 2017

HACKED! Data breach notification becomes mandatory

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New amendments will require organisations to take prompt action on suspected data breaches or face substantial fines.

AustraliaPrivacy
Chris Bevitt
Chris Bevitt
Amber McKenna-Hill
Amber McKenna-Hill
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Currently, if personal information held by your organisation is accessed by or disclosed to an unauthorised party, it is merely voluntary for you to advise affected individuals. That will soon change if you are covered by the Privacy Act 1988. The Act generally applies to entities with an annual turnover of $3 million or more.

Amendments to the Act come into effect in Australia on 22 February 2018. Those amendments will require organisations to take prompt action on suspected data breaches or face substantial fines.

What is a data breach under the Act?

For the purposes of the Act, a data breach occurs when:

  • there has been unauthorised access, or unauthorised disclosure of personal information; or

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