Investigations, Class Actions And Sanctions - The Regulatory Deluge Unleashed By Data Breaches

KEY AKEAWAYS

The organisation involved in the personal information leak may be subject to investigations carried out by the Information Commissioner of the Office of the Australian Information Commissioner. The Information Commissioner will investigate whether the organisation's information handling practices constitute an "interference with the privacy of an individual" and, if so, can declare the organisation pay compensation to those affected.

These investigations can be carried out simultaneously with other legal actions, such as class actions, provided there is no potential interference with the administration of justice.

For a perpetrator of a personal information leak, the Australian Government can sanction via the cyber incidents sanctions regime and/or subject the perpetrator to penalties for "doxxing", once this newly announced offence has been introduced.