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ARTICLE · 23 JUNE 2017

Limelight Issue No. 65: Data breach notification scheme

Gilchrist Connell
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The Scheme is not yet in effect, but there are proactive steps that entities should take to prepare for implementation.

AustraliaPrivacy
Katherine Czoch
Katherine Czoch
Charu Stevenson (Formerly With Gilchrist Connell)
Charu Stevenson (Formerly With Gilchrist Connell)
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On 22 February 2017, the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (the Act) received Royal Assent. The Act amends the Privacy Act 1988 (Cth) (the Privacy Act) to establish a mandatory nationwide data breach notification scheme (the Scheme).

To whom does the Scheme apply?

The Scheme applies to all entities subject to the Privacy Act, including Commonwealth government agencies, private sector organisations with an annual turnover exceeding $3M and some specified private sector organisations with an annual turnover of less than $3M, such as health service providers and credit reporting agencies.

When does the Scheme apply?

The Scheme is set to be implemented at a yet to be specified date within the next 12 months.

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